The expression 'accident arising out of the use of the motor vehicle' in section 163A of the Motor Vehicles Act, 1988, should be given a wide and liberal interpretation, and the accident need not be directly caused by the motor vehicle.

( 1 ) THIS appeal is against the judgment and order dated 26th May, 2000, passed by the Learned Judge, Motor Accidents Claims Tribunal, Burdwan, dismissing the application of the appellants for compensation under section 163a of the Motor Vehicles Act, 1988, being MAC Case No. 180 of 1998.

( 2 ) THE facts giving rise to this appeal are briefly as follows:-one, Monoj Kumar, hereinafter referred to as the victim, was the driver of truck bearing the Registration No. HR 29/ga-0549, of which the Respondent No. 2 is the owner. The said truck No. HR 29/ga-0549 was covered by a policy of insurance issued by the Respondent No. 1, which included third party risks.

( 3 ) THE victim was, as driver of the said truck No. HR 29/ga-0549, driving the said truck from Sahapur to Kolkata. On the way, the victim had to stop the said truck No. HR 29/ga-0549 on Grand Trunk Road, near the Rasulpur level crossing in Burdwan district.

( 4 ) A speeding truck from the opposite direction, the Registration number of which could not be noted (hereinafter referred to as the unknown truck) hit the truck No. HR 29/ga-0549 causing damage to the said truck and also injuring the victim.

( 5 ) IN the application for compensation before the learned Tribunal it is alleged that the victim got off the truck No. HR 29/ga-0549 to stop the unknown truck. The victim's brother who was the helper of the truck No. HR 29/ga-0549 and an eye witness to the accident, however, deposed before the learned Tribunal that the victim fell off the truck as a consequence of the collision.

( 6 ) BE that as it may, the victim was run over by the said unknown truck as soon as he was out of the said truck No. HR 29/ga-0549. The victim was duly taken to hospital, but he succumbed to his injuries.

( 7 ) THE appellants, being the widow, the mother and the father of the victim filed the application being MAC Case No. 180 of 1998, before the learned Tribunal under section 163a of the Motor Vehicles Act, 1988, claiming compensation on structured formula basis as indicated in the Second Schedule to the said Act, from the respondents, being the insurer and the owner respectively of the said truck No. HR 29/ga-0549.

( 8 ) ACCORDINGLY to the appellants, the victim was 24 years of age at the time of his death and had an income of Rs. 3,000/- per month as driver of the said truck No. HR 29/ga-0549.

( 9 ) THE Respondent No. 1, being the insurer and the Respondent No. 2, being the owner of the said truck No. HR 29/ga-0549, both contested the claim of appellants and filed their respective Written Statements, denying all the material averments in the claim application. The respondents have disputed their liability to pay compensation to the appellants on the ground that the victim did not die as a consequence of any accident involving the Truck No. HR 29/ga-0549 but was run over by the unknown truck.

( 10 ) THE appellants examined two witnesses who were duly cross-examined on behalf of the Respondent No. 1. The learned Tribunal was of the view that the oral evidence of the witnesses of the appellants derived effective support from documents on record including the First Information Report and the Post Mortem Report.

( 11 ) THE learned Tribunal, however, accepted the contention of the respondents that the death of the victim could not be said to have been due to an accident arising out of the use of truck No. HR 29/ga-0549, since the victim was run over by the unknown truck after he got off truck No. HR 29/ga-0549.

( 12 ) THE learned Tribunal dismissed the application of the appellants on contest, inter alia, holding that truck No. HR 29/ga 0549, of which the Respondent Nos. 1 and 2 are insurer and owner respectively, was not involved in the accident in which the victim died and that the offending truck was still unidentified. Hence, this appeal.

( 13 ) SECTION 163a of the Motor Vehicles Act, 1988 under which compensation has been claimed by the appellants provides as follows:-"1