Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mansoor Ahmad Mir, J.
United India Insurance Company Ltd. - Appellant
Versus
Sh. Talaru Ram and others - Respondents
FAO No. 537 of 2008
Decided on: 18.12.2015
Murder - Motor Accident Claims - Motor Vehicles Act, 1988, Section 163A - [FACT OF THE CASE] The claimants filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the murder of the deceased Dharam Pal, who was traveling in a vehicle that was later registered as HP-020190. The driver and Dharam Pal were murdered in the vehicle, and their bodies were thrown in a nallah. The claimants averred that the accident was the outcome of the use of the motor vehicle. [FINDING OF THE COURT] The Tribunal held that the accident was the outcome of the use of the vehicle. The appellant-insurer challenged the award, arguing that the accident was not out of the use of the motor vehicle, but was a crime, a brutal murder. The Tribunal upheld the findings, stating that the death of Dharam Pal was the outcome of the use of the motor vehicle. [ISSUES] The issues included whether the deceased died on account of the use of the motor vehicle, the amount of compensation the claimants were entitled to, the jurisdiction of the Tribunal to proceed with the trial, and whether the vehicle was under the insurance cover. [RATIO DECIDENDI] The court interpreted the expression 'arising out of the use of motor vehicle' and held that the accident and injury/death must have a relationship with the use of the motor vehicle. The court also discussed the scope of Sections 163A and 166 of the MV Act and the distinction between maintaining claim petitions under these sections. The court emphasized that the Tribunal/Appellate Court is within its powers to award just compensation and can enhance the same, even if the prayer for enhancing the compensation is not made by way of appeal or cross appeal/objections. [FINAL DECISION] The claimants were held entitled to total compensation of Rs. 4,80,000/- with interest as awarded by the Tribunal, and the appellant-insurer was directed to deposit the enhanced awarded amount before the Registry within eight weeks.
Mansoor Ahmad Mir, J.
Appellant-insurer has thrown challenge to the judgment and award, dated 26.06.2008, made by the Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr, H.P. (for short "the Tribunal") in M.A.C. Petition No. 79 of 2004, titled as Talaru Ram and another versus Sh. Vinod Kumar and another, whereby compensation to the tune of Rs. 2,54,000/- with interest @ 7½% per annum from the date of filing of the petition till its realization came to be awarded in favour of the claimants and the appellant-insurer was saddled with liability (for short "the impugned award").
2. The claimants and the owner-insured of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.
3. Appellant-insurer has questioned the impugned award on various grounds taken in the memo of appeal. Precisely, the challenge to the impugned award is on the ground that the claim petition was not maintainable for the reason that deceased Dharam Pal, son of the claimants, was brutally murdered.
4. A very important question of law has been raised in the memo of appeal, which was also raised before the Tribunal.
5. In order to determine the issue, it is necessary to give brief resume of the case, the womb of which has given birth to the appeal in hand:
6. Claimants filed a claim petition before the Tribunal under Section 163A of the Motor Vehicles Act, 1988 (for short "the MV Act") and claimed compensation to the tune of Rs. ten lacs, as per the breakups given in the claim petition.
7. It has been averred in the claim petition that deceased Dharam Pal was running an auto electrician shop in Village Kingal, was travelling in a newly purchased Maruti Van, which, later on, was registered as HP-020190, was being driven by Shri Santosh Kumar. The driver as well as the deceased Dharam Pal were murdered in between Oddi and Narkanda and their dead bodies were thrown in Thachru Nallah. Further averred that the deceased was earning Rs. 6,000/- from the profession of auto electrician and also helping his parents in agricultural vocation.
8. The claimants have stated in para 22 of the claim petition that the accident was outcome of use of motor vehicle. It is apt to reproduce para 22 of the claim petition herein:-
"22. Cause of accident. : Sh. Dharam Pal deceased was travelling as passenger and illfated vehicle from Kingal to Narkand & when he was going in the vehicle was murdered arised out of the use of the said vehicle alognwith the driver of the vehicle and his dead bodies was thrown in Thacru Nala in between Oddi and Narkanda. The murdered must has some enmity with the driver."
9. The driver of the offending vehicle was also murdered, that is why, he was not arrayed as party-respondent in the array of respondents.
10. The insurer and the owner-insured of the offending vehicle resisted the claim petition on the grounds taken in the memo of objections.
11. Following issues came to be framed by the Tribunal on 29.04.2005:-
"1. Whether Sh. Dharam Pal had died on account of use of motor vehicle No. HP-020190? OPP
2. If issue No. 1 is proved to what amount of compensation and from whom are the petitioners entitled to? OPP
3. Whether this Tribunal has no jurisdiction to proceed with the trial of the claim petition? OPR2
4. Whether vehicle No. HP020190 was under the insurance cover of respondent No. 2, if not with what effect? OPR2
5. Relief."
12. The claimants examined Shri Sadanand as PW1, Shri Rajesh Bharti as PW3 and claimantTalaru Ram himself appeared in the witness box as PW2. The respondents in the claim petition have examined Shri Ashok Negi, Shri Shyam Lal, Shri Tek Singh, Shri Sudhir Pandey and Shri Ganga Ram as their witnesses. Parties have also placed on record copies of final report submitted under Section 173 of the Code of Criminal Procedure (for short "CrPC"), FIR, postmortem report, birth certificate and other documents including the documents of the offending vehicle, i.e. registration
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
