The central legal point established in the judgment is the interpretation of the Workmen's Compensation Act and the determination of whether the murder of the deceased was an accident arising out of the use of the motor vehicle.

RAJESH TANDON, B. S. VERMA, J.

( 1 ) THIS is an appeal against the judgment and order dated June 9, 2004 passed by Workmen's compensation Commissioner, Chamoli. Briefly stated, a claim petition was filed on april 4, 2003 by the claimant under the workmen's Compensation Act being Case No. 6 of 2002-2003 stating therein that on October 4, 2002, the son of the claimant namely late deepak Singh was coming from Chamoli on tata Sumo No. U. A.-07/6891. The vehicle in question was being driven by late Sri Deepak singh himself. The said vehicle was looted in the forest of Laltappar, P. S. Doiwala and deepak Singh was done to death and his dead body was recovered from that place, and information of this incident was sent to P S. Doiwala

( 2 ) IT has been alleged in the claim petition by the claimant that late Sri Deepak Singh was aged about 19 years and was getting a salary of rs. 5,500/ -. In the Post Mortem Report the age of the deceased has been shown to be 26 years, which is not authenticated. It is disputed fact that at the time of accident/murder what was the age of the deceased. The evidence on the record is the F. I. R. , Post Mortem Report and the statement of P. W. 1. All these documentary/oral evidence have fully justified the incident. Apart from that Insurance Policy cover Note, the registration of the vehicle and driving licence of Deepak Singh were produced on behalf of the respondents and D. W. 1 was also examined orally. The Insurance Company has taken defence that it is not a case of accident, it is a case of murder and as such the insurance Company is not liable to pay compensation.

( 3 ) WE have heard the learned counsel for the parties and have perused the evidence on the record. The Presiding Officer has framed as many as five issues. Issue No. 1 relates to the fact as to whether the deceased Deepak Singh was a driver in the vehicle of the defendant No. 1 and issue No. 2 relates to the fact as to whether late Deepak singh was the workman within the meaning of the Workmen's Compensation Act while driving the vehicle issues Nos. 3, 4 and 5 relate to the fact of the quantum of compensation and further as to whether the deceased was getting a salary of rs. 5,500/- and whether the vehicle No. U. A -07/6891 was insured. The Claims tribunal vide order dated June 9, 2004 rejected the application on the ground that the present case relates to the theft of the vehicle as well as the murder of the deceased and a criminal case is registered in the P. S. Doiwala and as such the matter is not covered by Workmen's compensation Act and no compensation is payable to the workman concerned.

( 4 ) THE learned counsel for the appellant has referred the judgment of Rita Devi and others v New India Assurance Company Ltd. and another, AIR 2000 SC 1930 : 2000 (5)SCC 113 : 2000-I-LLJ-1656 where the Apex court on the similar circumstances has recorded a finding that the deceased was employed to drive the Auto-rickshaw for carrying passenger on hire and on the fateful day, the auto-rickshaw was parked at the rickshaw stand at Dhampur and about 5 to 6 p. m some unknown passengers had engaged the said auto-rickshaw for their journey towards Singrijan area and thereafter nothing was known of the driver or rickshaw It is only on the next day that the authorities were available to recover the body of the deceased and the auto-rickshaw in question was never traced till date

( 5 ) IN these circumstances, the question for consideration before the Apex Court was as to whether the murder to be an accident in any given case. The Apex Court has relied upon the judgment of Challis v London and South western Railway Company, 1905 (2) King's bench 154. The Apex Court has recorded a finding to the following effect 2000-I-LLJ-1656 at p. 1660"77 In Challis v London and South western Railway Company (1905) 2 King's bench 154, the Court of appeal held where an engine driver while driving a tram under a bridge was killed by a stone willfully dropped on the tram by a

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