The wider connotation of 'use of a motor vehicle' and the principle of strict liability in motor accident cases under the Motor Vehicle Act, 1988.

J.R. Midha, J.

The appellants have challenged award of the learned Tribunal whereby compensation of Rs. 1,50,000/- has been awarded to the claimants. The appellant in MAC. App. No. 512- 513 of 2006 has challenged the award on the ground that appellant is not liable to pay any compensation to the claimants whereas the appellants in MAC. APP. No. 570-571 of 2006 are seeking enhancement of the award amount.

2. The accident dated 29th January, 1992 arising out of a bomb blast in DTC Bus bearing No. DEP 8264 at Mall Road Bus stand resulted in the death of Sansar Pal.

3. The deceased was survived by his widow, one minor son, one minor daughter and parents. The deceased was aged about 28 years at the time of the accident and was doing a private job earning Rs. 2,000/- per month. The learned Tribunal took the minimum wages of Rs. 1,300/-, deducted 1/3rd towards the personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs. 1,87,200/- rounded off to Rs. 1,80,000/-. The learned Tribunal awarded Rs. 5,000/- towards funeral expenses, Rs. 5,000/- towards loss of love and affection and Rs. 10,000/- towards pain and suffering. The total compensation was computed to be Rs. 2,00,000/- out of which Rs. 50,000/- paid by Lt. Governor of Delhi as ex-gratia payment was deducted and Rs. 1,50,000/- was awarded to the claimants.

4. The learned Counsel for appellant in MAC. APP. No. 512- 513/2006 has urged, at the time of hearing of this appeal, that the accident did not occur due to rash and negligent driving of the driver of the bus and, therefore, DTC is not liable to pay any compensation to the claimants.

5. The learned Counsel for the appellant in MAC. APP. No. 570-71/2006 has urged the following grounds at the time of hearing of this appeal:

(i) The income of the deceased be taken to be Rs. 2,000/- per month and 50% be added towards future prospects.

(ii) In the alternative, increase in minimum wages due to inflation and rise in price index be taken into consideration.

(iii) The deduction towards the personal expenses of the deceased be reduced from 1/3rd to 1/4th.

(iv) The compensation be awarded for loss of consortium.

(v) The compensation be awarded for loss of estate.

(vi) The share of the parents in the award amount be enhanced.

(vii) The deduction of ex-gratia amount of Rs. 50,000/- paid by Lt. Governor of Delhi to the claimants be set aside.

(viii) The rate of interest be enhanced from 5.5% per annum to 7.5% per annum.

6. Considering the question of law with respect to the compensation payable in case of bomb blast, this Court appointed Ms. Rajdipa Behura, as amicus curiae to assist this Court.

7. The first question that arises for consideration in these appeals are whether DTC is liable to pay compensation for death of Sansar Pal arising out of a bomb blast in a DTC bus.

8. The law with respect to aforesaid question is well settled by the following judgments:

(i) Shivaji Dayanu Patil and another Vs. Smt. Vatschala Uttam More, (1991) 3 SCC 530

There was a collision between a petrol tanker and a truck due to which the petrol tanker went off the road and fell at a distance of about 20 feet from the highway leading to leakage of petrol which collected nearby. Later an explosion took place in the petrol tanker resulting in fire. Number of persons who assembled near the petrol tanker sustained burn injuries and few of them succumbed to the injuries. The victims filed the claim petitions which were dismissed by the Claims Tribunal on the ground that the explosion and the fire had no connection with the accident, and was altogether an independent accident. The appeal was allowed by the learned Single Judge of the High Court holding that the explosion was a direct consequence of the accident. The Division Bench of the High Court affirmed the findings of the learned Single Judge against which the matter came up before the Hon'ble Supreme Court.

The Hon'ble Supreme Court dismissed the SLP holding that the explosion and fire r