The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.

ORDER :

Amitendra Kishore Prasad, J.

1. Being aggrieved by the impugned judgment and award dated 30.01.2017 passed by the learned Additional Motor Accident Claims Tribunal, Fast Track Court, South Bastar, Dantewada (C.G.), in Claim Case No. 156/2014, in the matter of Smt. Sanni Bai & Others vs. Viplov Rai & Others, whereby the claim petition filed by the appellants/claimants has been dismissed, the present appeal is being preferred.

2. The averment in this appeal, in brief, is that the appellants/claimants filed a claim application under Section 166 of the Motor Vehicles Act seeking compensation from the respondents on account of the death of one Lachhu Karma, who met with a motor vehicle accident on 03.04.2010. The deceased Lachhu Karma was the son of appellant No. 1, the husband of appellant No. 2, and the father of appellant Nos. 3 and 4, and was thus closely related to and dependent upon the appellants/claimants. Respondent No. 1 is the driver of the offending vehicle, respondent No. 2(A) is the registered owner, respondent No. 2(B) is the actual/beneficial owner of the said vehicle, and respondent No. 3 is the insurer thereof. According to the case of the appellants/claimants, on 03.04.2010 the deceased was proceeding from his residence at Village Teknar to Jaram School for his teaching duties on his motorcycle bearing registration No. C.G. 18B-1201. At about 10:00 a.m., the offending Commander Jeep bearing registration No. C.G. 07 ZD-2925, driven rashly and negligently, dashed against the motorcycle of the deceased, as a result of which he sustained grievous injuries and died on the spot. It is further stated that the deceased Lachhu Karma was serving as an Assistant Teacher and had been in Government service for the last about 12 years, and was also working on the post of Superintendent, Hostel. He was the sole earning member of the family. The appellants/claimants, being the legal heirs and dependents of the deceased, claimed compensation to the tune of Rs. 78,50,458/- on account of his untimely death. That, respondent Nos. 1, 2(A) and 2(B) filed their written statements denying the averments made in the claim application and contended that no liability was attributable to them. It was further pleaded that, if any liability were to arise, the same was to be indemnified by respondent No. 3, the Insurance Company, and therefore the claim application was liable to be dismissed against them. Respondent No. 3, the Insurance Company, also filed its written statement denying the allegations made in the claim application and further contended that the incident in question was a case of murder and not a motor accident, and as such, the Insurance Company was not liable to pay any compensation. The learned Claims Tribunal framed as many as seven issues and, after consideration, dismissed the claim petition filed by the appellants vide judgment and award dated 30.01.2017 (Annexure A/1). Being aggrieved by the said dismissal, the appellants have preferred the present appeal.

3. Learned counsel for the appellants submits that the impugned judgment and award dated 30.01.2017 (Annexure A/1) passed by the learned Motor Accident Claims Tribunal, Fast Track Court, South Bastar, Dantewada (C.G.), is contrary to law as well as the facts available on record and, therefore, deserves to be set aside. It is further submitted that the learned Cl