The court established that a death caused by a vehicle's dash, even if linked to an intentional act, can still qualify for compensation under the Motor Vehicles Act if negligence is proven.

Oral Judgment. :

1. This appeal is preferred by the Appellants/Claimants against the dismissal of claim petition.

2. The brief facts of the case are as follows.

3. The deceased Ramchandra Pawar was Traffic Police Constable. On 7th April, 2007, he was on duty at Parisk Reti Bunder Naka, Traffic police chowki and he was controlling the traffic proceedings towards Mumbra road. The road leading towards Mumbra was ‘No Entry’ road for heavy vehicles and the heavy goods vehicles were prohibited from proceeding by the said road. At 9:30 p.m., a heavy goods vehicle i.e trailer bearing registration No. RJ-06- G-4177 entered in the Mumbra road, which was ‘No Entry zone’ for heavy vehicles. Therefore, Ramchandra Pawar gave signal to the driver of trailer to stop it but, trailer proceeded further. Therefore, Ramchandra Pawar chased the trailer along with one Mr. Sanjiv Kirtane on his Hero Honda motorbike bearing registration No. MH-04- BT-2075. He overtook the trailer and gave signal to the driver of the trailer to stop it. Deceased Ramchandra then asked the cleaner of the said trailer to turn back the trailer but, the cleaner did not respond to it. Therefore, Ramchandra approached the driver of the trailer. The driver of the trailer had not reversed back the trailer, on the contrary, the driver of the trailer deliberately knocked down Ramchandra with an intention to kill him and thereafter fled away with vehicle. Sanjiv Kirtane then chased the trailer with the help of 2 to 3 rickshaw drivers and stopped it. The driver of the truck fled away from the spot. The police registered offence against the driver of the offending trailer under Section 302, 353 of the Indian Penal Code (for short “the IPC”) and under Section 17(1), 177 of Motor Vehicles Act .

4. It is contention of learned counsel for the Appellants/Claimants that the death of of deceased is caused due to accident but this fact is not considered by the Tribunal and has dismissed the claim petition on the ground that the driver of offending trailer intentionally killed the deceased, hence, it would not come under the accident. Learned counsel further submitted that at the time of accident, income of the deceased was at Rs.9,421/- per month. He was 42 years old at the time of accidnet. Hence, requested to allow the Appeal. He relied on (1) United India Insurance Co. Ltd. Vs. Laxmamma & Ors. 2012 AIR (c) 2817 , (2) National Insurance Co. Ltd. Vs. Abhaysing Pratapsing Waghela & Ors. 2008 (9) SCC 133 , (3) HDFC ERGO General Insurance Company Limited Vs. nayajoddin Nijamuddin & Ors. 2023 DGLS (Bom.) 4792 , (4) Smt. Rita Devi & Ors. Vs. New India Assurance Co. Ltd. & Anr. 2000 (3) Supreme 698 , (5) Dipa Ganguly & Anr. Vs. New India Assurance Co. Ltd. & Anr. (2010) ACC 532 (DB) , (6) Smt. Renu Devi & Ors. Vs. Gufran Ahmad & Ors. Allahabad High Court and (7) Kalim Khan & Ors. Vs. Fimidabee and Ors. 2018 (7) SCC 687 .

5. It is contention of learned counsel for the Respondent No.2/Insurance Company that the death of the deceased is not caused by the accident but, he was knocked down by the driver of offending trailer intentionally. So, it would not come under the definition of accident. The Act of the driver was deliberate. The offence under section 302 of IPC is registered against the driver of offending trailer. The Tribunal has considered all the aspects while dismissing the claim petition hence, no interference is required in it. He relied on Smt.

Rita Devi and Ors. vs. New India Assurance Co. Ltd. And Anr. 2000 (3) SCC 698 and Oriental Insurance Co. Ltd. vs. Premlata Shukla & Ors. (15th May 2007).

6. I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal, Thane (for short “the Tribunal”).

7. To prove the negligence of the driver of offending trailer, the Claimants have examined Sanjiv Kirtane at Exhibit – 45. He has stated that at the time of accident, he was walking on the road, at that time, a trailer was passing by the road, and he saw that