ORIENTAL INSURANCE COMPANY Vs. RAJA RAM DHOBI

JUDGEMENT

(1.) 1. This miscellaneous appeal has been filed by the appellant for setting aside/ modifying the judgment dated 11.8.1998 and award dated 31.8.1998 passed by Sri Subhash Kumar Singh, 10th Additional District Judge cum - Motor Vehicle Accident Claims Tribunal (in short, "the Tribunal") in M.V. Claim Case No. 52 of 1993 whereby and whereunder the Tribunal has awarded compensation of Rs. 1,45,636/- to the respondents - first set (applicants) for the death of one Ram Ekbal Ram @ Ram Ekbal Dhobi caused in a motor vehicle accident on 20.7.1993.

(2.) THE brief facts of the case are as follows: On 20.7.199 3 at 2.00 P.M. one Chowkidar Shyam Lal Ram, son of late Chander Ram of village Lalganj, P.S. Sasaram Muffasil, District Rohtas gave fardbeyan before Jamadar of Sasaram Muffasil Police Station to the effect that on the same day he was coming to Sasaram Police Station from his village and when he reached near Arya Vidyalaya, he saw a bus bearing registration No. BR 3 / 4343 coming from Sasaram and going towards Bikramganj. THE bus was being driven in rash and negligent manner by its driver, who was identified as Ram Lal Singh of village Batuara P.S. Sandesh, District Bhojpur. In the meantime the informant saw some boys coming from opposite direction and when they reached near the house of Ramdhari Singh the driver of the bus with intention to kill, them dashed the boys as a result of which two hoys died instantaneously and three others sustained grievous injuries. After the incident the driver of the bus fled away with the bus towards Bikramganj. On hulla raised by the informant-chowkidar, several persons assembled there. THEy identified Sanjay Kumar Baitha and Ravindra Tiwary amongst the dead and Manoj Dubey, Ram Ekbal Dhobi and Balmiki Singh amongst the injured. It is Page 0537 further said that the injured were brought to Sadar Hospital, Sasaram where injured Ram Ekbal Dhobi also died. This application for compensation has been filed for the death of Ram Ekbal Ram caused in motor-vehicle accident. It is further said in the fardbeyan that the motive of the occurrence was that one day prior to the occurrence some quarrel had taken place between the boys who had sustained injuries and the bus driver who had threatened the boys of dire consequence, hence there was every likelihood that the driver of the bus had intentionally dashed the boys. It appears that on the basis of fardbeyan of the Chowkidar, Sasaram (Muffasil) P.S. Case No. 308/93 dated 20.7.1993 was instituted under Section 302 of the Indian Penal Code. A separate case for grant of compensation bearing M.V. Claim Case No. 52 of 1993 was also filed by the heirs of deceased Ram Ekbal Ram in which the appellant-Oriental Insurance Company Limited as well as the owner of the vehicle appeared and contested the claim. THE judgment was pronounced in the said case on 11.8.98 and by the impugned judgment, the Tribunal accepted the claim application of the applicants and awarded a total compensation of Rs. 1,45,636/- and directed the appellant to pay the entire compensation amount after deducting the amount of Rs. 25,000/- already paid under no fault liability as per the provision of Section 140 of the Motor Vehicles Act, 1988.

(3.) RELYING upon the above decision of the Hon'ble Supreme Court, learned Advocate for the appellant submitted that as per the First Information Report, the intention of the driver was very much clear as just before a day of the alleged incident the driver Page 0538 had some quarrel with the boys and on that very day, the driver had threatened the boys of dire consequences. The learned Advocate further submitted that the first information report further discloses that with intention to take revenge, the driver of the bus dashed against the boys as a result of which Ram Ekbal Ram and two others died and several others sustained injuries. He further submitted that the fardbeyan of the informant establishes beyond doubt that it is not a case of accidental murder but it is a case of intentional murder and in such circumstance, the Insurance Company is not liable to pay compensation as the death of driver had not occurred in any motor-vehicle accident.