1. By way of this appeal, the present appellant-original opponent No.2 has challenged the judgement and award dated 26.02.2010 passed by the Motor Accident Claims Tribunal(Main) Rajkot, in M.A.C.P. No.1388 of 2008, whereby the Tribunal has awarded compensation in a sum of Rs.2,59,100/- to the claimants with interest at the rate of 9% per annum from the date of filing of the petition till its realization.
2. The brief facts leading to filing of this appeal are that one Chandubhai Sidibhai Bhojak was doing the service as driver on the car bearing registration No. GJ-05-CD-6975. On 03.05.2008 he was found to be murdered. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.1338 of 2008 before the Tribunal. The Tribunal vide its judgement and award dated 26.02.2010 has awarded compensation to the claimants as stated hereinabove, against which the present appeal is preferred by the appellant- Insurance Company.
3. Learned advocate for the appellant submitted that the Tribunal has committed an error in passing the impugned award. He further contended that the tribunal failed to appreciate the material on record in its true perspective. He further contended that the Tribunal has not consider the fact that the deceased was found outside the vehicle. Therefore, he prayed to allow this appeal.
4. Learned counsel for the respondent supported the judgement and award of the Tribunal and submitted that the Tribunal has committed no error in deciding the matter. In support of his contention he relied upon the decision of the Apex Court in the case of Smt. Rita Devi and Others Vs. New India Assurance Company Ltd. And another, reported in AIR 2000, Supreme Court 130(1). It is relevant to reproduce the relevant portion of the said judgement, which reads as under:-
“The question, therefore, is can a murder be an accident in any given case ? There is no doubt that murder, as it is understood, in the common parlance is a felonious act where death is caused with intent and the perpetrators of that act normally have a motive against the victim for such killing. But there are also instances where murder can be by accident on a given set of facts. The difference between a murder which is not an accident and a murder which is an accident, depends on the proximity of the cause of such murder. In our opinion, if the dominent intention of the Act of felony is to kill any particular person then such killing is not an accidental murder but is a murder simplicitor,while if the cause of murder or act 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.”
5. In view of the above observation of the Apex Court, I am of the opinion that the view taken by the Tribunal is just and appropriate. Therefore, the present appeal is devoid of any merits and the same is accordingly dismissed.
pawan [K.S.JHAVERI,J.]