The central legal point established in the judgment is the interpretation of the term 'accident' under the Motor Vehicles Act and distinguishing between accidental murder and intentional murder.

( 1 ) THIS is an appeal of insurance company challenging the judgment and order dated 11. 4. 2008 passed by the concerned Motor Accidents Claims Tribunal, Jhansi.

( 2 ) THE main contention of the insurance company is that when the vehicle was running on a highway, Trade Tax authorities stopped the same and after parking at a particular point, the driver was beaten extensively, which caused his death. It appears to be State sponsored murder. Therefore, such an incident cannot be construed as an accident under Motor Vehicles act, 1988, arising out of use of motor vehicle. Apart from the aforesaid point, learned counsel appearing for insurance company raised the point of quantum of compensation on the basis of the income of Rs. 2,000 per month as per the oral evidence. But it is recorded under the judgment and order that no evidence was led by the insurance company. Therefore, having no denial or rebuttal, we cannot accept the argument of the insurance company ex facie. So far as the question of multiplier is concerned, it has been faintly raised by the insurance company, but no argument is advanced also to that extent. Therefore, the basic question is whether the above incident is an accident out of the use of motor vehicle or an incident simpliciter which can be termed as murder?

( 3 ) WE have heard the learned counsel at length to decide the said question of law at the stage of admission.

( 4 ) WE find that the definition of term accident is not defined in the Motor Vehicles Act, 1988, but we can construe the meaning of the word accident as contained in section 140 onwards, either in the case of no fault liability or the liabilities, which is required to be determined by the court under section 163-A or 166 of the Act and other sections, if any, connected therein.

( 5 ) ORDINARILY, the meaning of the word accident understood is as follows (defined in Dictionary by Murray, Vol. I-A):

"accident: 1. Anything that happens. . 1 + a. An occurrence, incident, event. Obs. B. Anything that happens without foresight or expectation; an unusual event, which proceeds from some unknown cause, or is an unusual effect of a known cause, a casualty, a contingency. "

( 6 ) SIMILARLY, the meaning of accident is as follows defined in the Law Lexicon dictionary, 1997 Edn. :

"accident: The word accident is constantly used in ordinary English and, therefore, in law, in two senses, one much wider than the other. Strictly an occurrence can only be said to be accidental when it is due neither to design nor to negligence. For, if an act be intentional it is clearly no accident; if it be the result of culpable negligence, then by due care it could have been avoided and the negligent person cannot be allowed to excuse himself by declaring it an accident. In this narrower sense of the word, an accident must be nobodys fault. 12 App Cas 526. The word accident generally denotes an event that takes place without ones foresight or expectation an event which proceeds from an unknown cause, or is an unusual effect of a known cause and, therefore, not expected chance-casualty, contingency (Webster Dictionary) an event happening without the concurrence of the will of the person by whose agency it was caused. It differs from mistake in that the latter always supposes the operation of the will of the agent in producing the event although that will is caused by an erroneous impression on the mind. "

( 7 ) FURTHER the meaning of accident as defined in Blacks Law Dictionary, 6th edn. , Centennial Edn. (1891-1991), is as follows:

"accident: The word accident is derived from the Latin verb accidere signifying fall upon befall, happen, chance. In an etymological sense anything that happens may be said to be an accident and in this sense, the word has been defined as befalling a change; a happening; an accident; an occurrence or event. In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: a fortuitous circ