The court applied the interpretation of the word 'death' in the Workmen Compensation Act, 1923, to cases under the Motor Vehicles Act, 1988, and considered the violation of policy condition by the vehicle owner in using the non-transport vehicle for hire or reward.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree passed in M.C.O.P.No.106 of 2005 on 10.07.2015 on the file of the learned Motor Accident Claims Tribunal(Principal District Judge, Presiding Officer) at Pondicherry.)

1. The appeal is filed by the Insurance Company, being aggrieved by the Motor Accident Claims Tribunal award fixing the liability to pay compensation of Rs.5,69,000/- to the family members of the car driver, who was murdered by the hirers to steal the car.

2. On 22/04/2003, three persons hired a Toyota Qualis car bearing registration No. TN-49-F-9885 owned by one Iyappan, the first respondent in the claim petition who was running a travel agency by name Blueline Travels. They hired the car for travel from Puducherry to Thiruvannamalai and back to Puducherry. The deceased Selvam was the driver of the car. He left Puducherry with the three hirers on 22/04/2003 at about 4.00 pm. The next day, at about 11.00 am, the Auroville Police, Villupuram District received information from the Village Administrative Officer about the presence of a dead body near Navarkulam of Pattanur Village with injuries on neck. The body was identified as Selvam, the driver of the quailis car. The car and the hirers were missing. The police registered a criminal case and upon investigation, found the hirers of the qualis car, had killed the driver Selvam and decamped with the car. The hirers were identified as Jagan @ Asai Jagan, Kamal @ Kamalvathi and Pradeepkumar. Final report filed against them for offences under Sections 302 and 392 r/w 34 IPC. The wife, mother and 3 minor children of the deceased together filed the claim petition seeking compensation of Rs.10,00,000/-.

3. The Insurance Company denied liability, since the driver was murdered for gain and the death occurred not due to motor accident. The tribunal, relying upon the judgment of the Supreme Court rendered in Smt.Rita Devi and others vs. New India Assurance Company Limited and another reported in [2000 TNLJ 28] held, the insurance company liable and awarded a compensation of Rs.5,69,000/- payable to the claimants.

4. In the appeal, the Insurance Company had contended that the tribunal considering the fact of the murder, not a matter for adjudication under Motor vehicle Act, ought to have dismissed the claim petition. The Qualis car is not a transport vehicle to carry passengers for hire or reward. For violation of permit condition, the insurance company ought to be exonerated from the liability. The alleged crime of murder suspected to have occurred at midnight of 22/23 -04-2003. The tribunal had tentatively fixed the time of death as after the midnight and held the appellant/insurance company liable, exonerating the New India Assurance Company which issued insurance cover to the vehicle upto midnight of 22-04-2003. The quantum of compensation is excessive and against the precedent laid by the of Supreme Court. Therefore, it has to be reduced.

5. The learned counsel for the respondents/claimants submitted that the Tribunal award is unassailable. The liability of the insurance company was fixed relying upon the dictum laid by the Hon'ble Supreme Court. The First Information Report (Ex.A-1), Final Report (Ex.B-1) and the evidence of the Inspector of Police attached to Auroville Police Station (RW-1) proved the fact that the Selvam the driver was murdered on the midnight of 22/23-04-2003 by the hirers to rob the car. The insurance coverage for the vehicle till 21/04/2003 was with the New India Assurance Company (second respondent in the claim petition) and from 22/04/2003, the vehicle had insurance coverage with the National insurance company (appellant/third respondent in the claim petition). The insurance policy copy were marked as Ex.A-3 and Ex.A-4. Being a case of death during the course of employment as driver, the appellant is liable to pay compensation.

6. Heard the learned counsels appe