Barkath Ali, J. –

Short question which arises for consideration in this appeal under section 173 of the Motor Vehicles Act is whether a murder committed in a motor vehicle can be termed as "an accident arising out of the use of the motor vehicle", as contemplated under section 163A of the Motor Vehicles Act.

2. Appellant is the second respondent Insurance Company in O.P.(MV) No.515/2002 on the file of the Motor Accidents Claims Tribunal, Thodupuzha. In this appeal the appellant challenges the judgment and award of the Tribunal dated October 11, 2004 awarding a compensation of Rs.2,80,000/- to the claimants who are the mother, brothers and sisters of deceased Vasudevan who died in a motor accident.

3. The accident happened on January 30,2000 . While deceased Vasudevan was driving his jeep bearing registrationNo.KLL 4253 and reached at Kumbakkanam, one of the passengers of the jeep by name Sunny attacked him causing serious injuries to him. He succumbed to the injuries sustained while undergoing treatment in the hospital. The claimants filed the O.P. under section 163A of the Motor Vehicles Act against the owner and the insurer of the jeep claiming a compensation of Rs.4