JUDGMENT :

Heard the learned counsel for the parties.

2. This appeal has been filed by the claimants challenging the award dated 28.7.2018 passed in Claim Case No. 125 of 2010 by the District Judge, Presiding Officer, Motor Vehicles Accident Claims Tribunal, Hazaribag, whereby, the claim application, filed by the claimants on the ground of death of Tulsi Sao, was rejected.

3. The claim application, for grant of compensation was filed under the Motor Vehicle Act, 1988 by the claimants, who are the wife, children and parents of the deceased, stating therein that on 22.12.2009 at about 8 p.m., Tulsi Sao (deceased) was driving the vehicle-Mahindra Jeep bearing registration No. JH-13A-4213, which was being used for the purpose of business and was loaded with consignment of liquor from Smirdhi Traders. He along with others was going to village Kanhachatti. At about 8:30 p.m to 8:45 p.m, when the vehicle reached near Pandey Mahua Ghati, Katkamsandi Road, he found that the road was blocked by stone barriers. The deceased stopped the vehicle when 10-12 miscreants (road robbers) armed with lethal weapon and fire arm, intercepted the vehicle. The deceased-driver tried to escape by reversing the vehicle, but one of the miscreants fired bullet from his fire arm, which hit the head of the deceased. The deceased sustained grievous injury. The robbers robbed all the valuables from the vehicle and detained the vehicle for 10 minutes. The companion of the deceased thereafter rushed the deceased to Sadar Hospital, but he succumbed to the injury.

4. As the deceased died arising out of the said incident, the claim application was filed by the claimants impleading the Insurance Company-M/s Bajaj Allianz General Insurance Co. Ltd., Ranchi as well as the owner of the vehicle. The claimants claimed that the deceased used to earn Rs.14,000/-per month as he was a professional driver and was about 28 years old. The claimants i.e. the wife, children of the deceased and the parents, claimed compensation.

5. It is the case of the claimants that one Katkamsandi P.S. Case No. 321 of 2009 dated 23.12.2009 under Section 396 of the Indian Penal Code was registered due to the said accident, where charge-sheet was filed under Sections 396 and 412 I.P.C. It is further case of the claimants that they were wholly depend upon the deceased and they are entitled for compensation.

6. After notice, before the Tribunal, the owner of the vehicle appeared and admitted that the he is the owner of the said vehicle bearing registration number JH 13A-4213 and the deceased was his employee being professional driver, who used to regularly drive the aforesaid vehicle. It is also stated that at the time of accident, the vehicle was duly insured by M/s Bajaj Allianz General Insurance Company Limited. He further admits that since the vehicle was duly insured, it is the insurer who has to pay amount of compensation.

7. The Insurance Company also appeared and filed their written statement separately. It is admitted in their written statement that Jeep bearing registration No. JH 13A-4213 was insured at the material point of time when the incident took place, being the Insurance Policy No. OG-10-2446-1812-00000047, which was valid from 9.5.2009 to 8.5.2010. The Insurance Company took a ground that the incident is of murder were the deceased was shot by some unknown miscreants and as no road traffic accident had taken place, the claimants are not entitled to receive any amount of compensation under the Motor Vehicles Act.

8. On the basis of the pleadings of the parties, five issues were framed by the Tribunal, which is reproduced herein-below:-

(i) Whether this claim case is maintainable under the law?

(ii) Whether the claimants have valid cause of action for this case?

(iii) Whether on 22.12.2009 at 9:00 pm while Tusi Sao driven the Savari Jeep No. JH 13A-4213 on Katkamsandi Pitz Road some mi