- (1.) AMITAVA Lala, J. The fact remains that when the deceased was carrying buffalo by the concerned truck being TATA 407 UP. 13b 6388 he was murdered by a co-passenger and dead body was thrown from the vehicle. The deceased was aged about 32 years and carrying cattle business.
(2.) AN important question arose before the tribunal that when the deceased was murdered on the vehicle, whether such incident can be said to be motor accident for the purpose of getting compensation from the insurance company or not. We have extensively gone through the judgment and order passed by the tribunal. The tribunal discussed this issue under issue No. 1 therein and held that the vehicle was used at the time of murder and under issue No. 3 ultimately came to a conclusion that since after such incident, the driver did not inform the local Police Station, therefore, it can be presumed that the driver had knowledge about the causing of murder from before. Even thereafter the insurance company was directed to pay the amount to the ultimate sufferer and recover from the owner. In Rita Devi (Smt.) and others v. New India Assurance Co. Ltd. and an other, 2000 (5) SCC 113, it has been held that there is no doubt that the murder is a felonious act. If the dominant intention of the act of felony is to kill any particular person then such killing is not an accidental murder but is a murder simpliciter, while if the cause of murder was originally not intended and the same was caused in furtherance of any other felonious act then such murder is an accidental murder.
(3.) BETWEEN the period when judgment was reserved and made for delivery we have come across with similar issue in First Appeal From Order No. 2028 of 2008 (National Insurance Company Ltd. v. Smt. Shimla and others) and delivered a judgment on 11m July, 2008 upon making a difference between felonious and not felonious act in coming to conclusion about motor accident which has binding effect herein. In National Insurance Co. Ltd. v. Swaran Singh and others, (2004) 3 SCC 297, Supreme Court held that an accident is not susceptible to a very precise definition. An accident may take place for a variety of reasons. The driver of a vehicle may not have a hand in it. He may not be found to be negligent in given case. Other factors such as unforeseen situation, negligence of the victim, bad road or the action or inaction of any other person may lead to an accident. There may be a case where an accident takes place without their being fault on the part of the driver.;