Radha Mohan Prasad, J.

1. This appeal is directed against the order dated 3.4.1999 passed by 4th Additional District Judge- cum-Claims Tribunal, Bhagalpur, whereby on preliminary issue it has been held that the claim case filed by the appellant is not maintainable and the court has got no jurisdiction to entertain.

2. In short, the relevant facts are that the deceased Ashwani Kumar Sauragi was killed by the criminals, who tried to snatch his bag, while he was travelling in the bus bearing registration No. BR 12-9891 when the deceased refused to handover the bag to the criminal. The vehicle in question was insured with the respondent United India Insurance Co. Ltd.

3. Learned counsel for the insurance company submitted that the deceased did not lose his life in an accident arising out of use of motor vehicle, and the learned Tribunal on consideration of the fact that the death of the deceased was not caused arising out of the use of the motor vehicle and there is no allegation of any rash and negligent driving on the part of driver to endanger human life and further that it is purely a case of dacoity and murder, held that there was no nexus between the death of the deceased