ORIENTAL INSURANCE COMPANY LTD. Vs. MARRY GULAB LAKRA

JUDGEMENT

(1.) Insurance Company is in appeal against the award of compensation in M.V. Claim Case No. 59 of 2008, whereby and whereunder the learned Tribunal has awarded Rs.7,96,500.00 with interest @ 6% per annum from the date of institution of the claim application till realization of compensation amount, failing which penal interest @ 9% per annum.

(2.) Shorn of detail the deceased Clastus Lakra, who was driving an Ambulance bearing Registration No, JH-01K-6674, met with an accident when he dashed a motorcycle. After the accident the deceased was chased, assaulted and lynched by mob, regarding which Sadar Town P.S. Case No. 129 of 2008 was registered on 27/3/2008 under Sec. 304 of Indian Penal code. At the time of accident, he was aged 45 years and was getting salary of Rs.6,000.00 and a pension of Rs.3,000.00 from his past military service.

(3.) The award of compensation has been challenged mainly on the ground that a homicidal death has been given a texture of accidental death to claim compensation for which a claim case under Sec. 163A of Motor Vehicle Act was not maintainable. Absence of intention is the essence of an accidental death, whereas intention or knowledge in the commission of homicide has been made culpable under different provisions of the Penal Code.