- (1.) AMITAVA Lala, J. This is an appeal of insurance company challenging the judgment and order dated 11. 4. 2008, passed by the concerned Motor Accident Claims Tribunal, Jhansi.
(2.) THE main contention of the insurance company is that when the vehicle was running on a high way, Trade Tax authorities stopped the same and after parking at a particular point, the driver was beaten extensively, which caused his death. It appears to be State sponsored murder. THErefore, such an incident cannot be construed as an accident under the Motor Vehicles Act, 1988 arising out of use of motor vehicle. Apart from the aforesaid point, learned counsel appearing for insurance company raised the point of quantum of compensation on the basis of the income of Rs. 2,000 per month as per the oral evidence. But it is recorded under the judgment and order that no evidence was led by the insurance company. THErefore, having no denial or rebuttal, we cannot accept the argument of the insurance company ex facie. So far as the question of multiplier is concerned, it has been faintly raised by the insurance company, but no argument is advanced also to that extent. THErefore, the basic question is whether the above incident is an accident for the use of motor vehicle or an accident simpliciter which can be termed as murder. We have heard the learned counsel at length to decide the said question of law at the stage of admission. We find that the definition of term 'accident' is not defined in the Motor Vehicles Act, 1988. But we can construe the meaning of the word accident as contained in Section 140 onwards, either in the case of no fault liability or the liabilities, which is required to be determined by the Court under Section 163a or 166 of the Act and other sections, if any, connected therein.
(3.) ORDINARILY, the meaning of the word "accident" understood is as follows (Defined in Dictionary by MURRAY Vol. IA: Accident: 1. Anything that happens. 1+a. An occurrence, incident, event, Obs. b. Anything that happens without foresight or expectation; an unusual event, which proceeds from some unknown cause, or is an unusual effect of a known cause, a casualty, a contingency. Similarly, the meaning of accident is as follows defined in the Law Lexicon Dictionary, 1997 Edition: Accident.-The word "accident" is constantly used in ordinary English, and therefore, in law, in two senses, one much wider than the other. Strictly an occurrence can only be said to be accidental when it is due neither to design nor to negligence. For, if an act be intentional it is clearly no accident; if it be the result of culpable negligence, then by due care it could have been avoided and the negligent person cannot be allowed to excuse himself by declaring it an accident. In this narrower sense of the word, an accident must be "nobody's fault". 12 App Cos 526. The word "accident" generally denotes an event that takes place without one's foresight or expectation, an event which proceeds from an unknown cause, or is an unusual effect of a known cause, and therefore not expected: chance casualty, contingency (Webster Diet) an event happening without the concurrence of the will of the person by whose agency it was caused. It differs from mistake in that the latter always supposes the operation of the will of the agent in producing the event although that will is caused by an erroneous impression on the mind. ";