U.K.Dhaon, J. - (1.) This appeal has been filed by Oriental Insurance Co. Ltd. against the judgment and order dated 31.3.2003 passed by the Motor Accidents Claims Tribunal, Gonda.
(2.) The brief facts of the case are that Mahindra jeep (taxi) old No. UP 32-Z 1966 was owned by Munna Prasad and Om Prakash was the driver. This vehicle was insured by appellant, i.e., Oriental Insurance Co. Ltd. On 24.12.1999, one person came to the driver Om Prakash and introduced himself as Arjun and booked the jeep for Bahraich. The four associates of Arjun also joined his company. Om Prakash, the driver of the jeep also allowed Amar Deep alias Jugunoo and Ram Pragat to travel as passengers.
(3.) When the said vehicle reached at Gopalpur near Indira Canal, Arjun and his four associates requested the driver to stop the vehicle pretending that they wanted to go for call of nature and at about 7.15 p.m. when the vehicle was stopped by the driver, Arjun and his four associates dragged out the driver Om Prakash and Amar Deep alias Jugunoo, one of the passengers, with the intention to commit loot of the said vehicle and they tied the hands and feet of both with cord and threw them into the canal. In the meantime, the other passenger Ram Pragat got down from the jeep and ran away. After throwing the driver Om Prakash and the passenger Amar Deep alias Jugunoo into the canal all the culprits drove away the vehicle and disappeared. Anyhow, the driver Om Prakash untied the cord and saved himself. On the other hand, Amar Deep alias Jugunoo drowned in the canal and his dead body was recovered later on.;