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DINESH MAHESHZVARI
Oriental Insurance Co. Ltd. – Appellant
Versus
Wansalan Lakai – Respondent
Question 1? Question 2? Question 3?
Key Points: - The judgment holds that a claim under Section 166 MV Act is maintainable when death arises from an "accident arising out of the use of a motor vehicle" and applies Rita Devi principles to treat accidental murder during theft as such an accident. (!) (!) (!) (!) (!) - The case confirms that where the deceased driver was driving the vehicle and was murdered during the course of theft, the death can be considered an accident arising out of the use of the motor vehicle for compensation purposes under the Act; insurer liability is affirmed. (!) (!) (!) (!) (!) (!) - The tribunal’s quantum of compensation is upheld with apportionment to dependents (50% to wife, 50% to three children) and directed fixed deposits; no costs awarded. (!) (!) (!) (!) (!)
Dinesh Maheshwari, J.
This appeal, under section 173 of the Motor Vehicles Act, 1988 there-in-after referred to as 'the Act' or as 'the Act of 1988'] by the insurer, is directed against the award dated 30.4.2015, as made by the Motor Accident Claims Tribunal, Shillong in MAC Case No. 101 of 2007.
2. Briefly put, the relevant-back-ground aspects of the matter are as follows: The respondent No. 2 of this appeal Smti. Miatmon Suchiang preferred the claim application aforesaid with the submissions that she was the wife of (late) Shri Barwon Langstang, who was about 40 years of age and was a driver by occupation. The claimant-respondent No. 2 asserted in the claim petition that her deceased husband was driving a Tourist Taxi of Tata Indican make, bearing registration No. ML 5 D 2322, which was owned by the respondent No. 1 of this appeal Shri Wansalan Lakai. The claimant submitted that her husband went missing along with the said vehicle since 6.10.2003 and then, the dead body of her husband was recovered in a decomposed condition on 10.10.2003 at Purging Village near NH-44 in a Jungle but the said vehicle was not found; and a case was registered at Madanriting Police Station as
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