G. P. Mittal, J.

1. The sole question raised for determination in the instant Appeal is whether deceased Zamil suffered death in an accident arising out of use of motor vehicle, that is, DTC bus No.DL-1P-9753

2. The facts of the case are not very much in dispute. Joginder Singh, the driver of the DTC bus was driving the bus from ISBT to Anand Vihar. Some passengers boarded the bus from Shastri Park, Seelampur and Bihari Colony. At about 7:00 A.M., the bus reached near Jagat Puri when the driver heard an alarm that money has been removed from the pocket. The driver also noticed that somebody had placed a knife at his neck. Thereafter, the person (who had held the knife on the driver’s neck) commanded the driver to stop the bus. He heard people saying in the rear of the bus that a person had been stabbed. At Karkari Mor (turning), four boys who were armed with knife alighted from the bus. The driver took the bus to Patparganj Bus Depot. A call was made to the police. The police reached the bus depot where driver Joginder Singh made a statement to the IO on the basis of which FIR No.24 was recorded in Police Station Krishna Nagar.

3. Deceased Zamil was removed to SDN hospital w