IMPORTANT POINT
A murder occurring inside a vehicle does not automatically qualify as an accident under the M.V. Act unless it arises from the vehicle's use in a negligent manner.

JUDGMENT :

Shampa Dutt (Paul) , J.

1. The present appeal has been preferred against the Judgment/Order dated 29th June, 2013 passed by the learned Judge, M.A.C. Tribunal, 4th Court, Burdwan, in M.A.C. Case No.33/2011/161/2011, under Section 166 of the M.V. Act.

2. The facts:-

On 25/26.04.2011 on NH-II near Megha Rice Mill and the victim was murdered inside the vehicle No. WB-41/8188 by miscreants. The victim Inad Ali was the driver of vehicle No.WB-41/8188 who started his journey on 25.04.2011 in the forenoon with his truck with a view to load cement at Durgapur. The victim parked the vehicle in front of a hotel at Fagupur on NH-II and Khalasi of that vehicle took rest in a hotel and the victim stayed inside the cabin of the vehicle. The Khalasi of that vehicle noticed in the next morning that the vehicle was not there and he informed the fact over phone to the owner of the vehicle who found the vehicle in front of Megha Rice Mill and the dead body of the victim was found inside the cabin of the vehicle. The claimants being the legal heirs/representatives of the victim claimed compensation against the owner and the insurer of vehicle no.WB 41/8188 as the victim died in course of his employment.

The owner of the vehicle namely Sk. Jakiruddin did not contest the case in spite of service of notice upon him but the insurer of that vehicle National Insurance Co. Ltd. contested the case by filing written statement on 16.04.2012 contending that the claim case is not maintainable. The claimants have no cause of action to file the case and the case is bad for defect of parties. That the claimants have not complied the statutory provisions of the Motor Vehicle Act and the Motor Vehicle Rules 329.

3. The claimants have examined two witnesses. Relevant documents being FIR, Seizure list, FRT, Insurance Policy, P.M. Report have been proved and marked as Exhibits.

4. While disposing of the claim case, the learned tribunal held as follows:-

“In the present case the claimants have claimed that Sk. Inad Ali was murdered inside the vehicle No.WB- 41/8188 on NH-II near Megha Rice Mill but the claimants have failed to establish that the death of Inad Ali was due to rash and negligent driving of vehicle No.WB-41-8188. The Tribunal thinks that the claim case is not maintainable and the claimants have no cause of action to file the claim case. It is held that the death of Inad Ali inside the cabin of vehicle No.WB-41/8188 on 25.04.2011/26.04.2011 was not due to rash and negligent driving of vehicle No.WB-41/8188. These issues are thus disposed of against the claimants.”

5. Being aggrieved the present appeal has been preferred by the claimants.

6. From the materials on record, it is evident that the Post Mortem Report (Exhibit 2) shows the cause of death of the deceased as “due to the effects of strangulation by ligature-ante mortem and homicidal in nature.”

7. The case ended in a FRT as the investigating officer could not solve/prove the case.

8. The claimants/appellants have relied upon the following judgments in support of their claim.

(i) Rita Devi (SMT) and Ors. vs New India Assurance Co. Ltd. and Anr., (2000) 5 SCC 113, decided on April 27, 2000, the Supreme Court held:-

“10. 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 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 or act of murder was originally not intended and the same was