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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Oriental Insurance Company Ltd. – Appellant
Versus
Marry Gulab Lakra Widow Of Late Clastus Lakra – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Insurance Company is in appeal against the award of compensation in M.V. Claim Case No. 59 of 2008, whereby and whereunder the learned Tribunal has awarded Rs. 7,96,500/- with interest @ 6% per annum from the date of institution of the claim application till realization of compensation amount, failing which penal interest @ 9% per annum.
2. Shorn of detail the deceased Clastus Lakra, who was driving an Ambulance bearing Registration No, JH-01K-6674, met with an accident when he dashed a motorcycle. After the accident the deceased was chased, assaulted and lynched by mob, regarding which Sadar Town P.S. Case No. 129 of 2008 was registered on 27.03.2008 under Section 304 of Indian Penal code. At the time of accident, he was aged 45 years and was getting salary of Rs. 6,000/- and a pension of Rs. 3,000/- from his past military service.
3. The award of compensation has been challenged mainly on the ground that a homicidal death has been given a texture of accidental death to claim compensation for which a claim case under Section 163A of Motor Vehicle Act was not maintainable. Absence of intention is the essence of an accidental death, whereas intentio
Death resulting from a vehicular accident can be classified as accidental even if subsequent actions lead to homicide, depending on the intent of the perpetrators.
The court determined that despite initial perceptions of murder, the evidence supported the incident as a motor accident, warranting compensation under the Motor Vehicles Act.
Death in motor accident – Concept of just and fair compensation is integral and seminal to MV Act—Determination of quantum of compensation must be liberal and not niggardly since law values life and ....
The court affirmed that deaths resulting from a vehicle accident are compensable under the Motor Vehicles Act, regardless of claims of murder, unless proven otherwise.
Compensation under the Motor Vehicles Act requires death to be due to an accident, not solely a natural cause; claims dismissed.
A murder occurring inside a vehicle does not automatically qualify as an accident under the M.V. Act unless it arises from the vehicle's use in a negligent manner.
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