CHHATTISGARH HIGH COURT
*P. R. Ramachandra Menon, C. J., Parth Prateem Sahu, J.
Appellant Insurance Company – Appellant
Versus
Legal representatives of the deceased – Respondent
| Table of Content |
|---|
| 1. clarification of 'accident' in legal liability contexts. (Para 1 , 5 , 17) |
| 2. arguments concerning the nature of the acts leading to compensation. (Para 2 , 6 , 7) |
| 3. definition of accident under mv act. (Para 4 , 10 , 11 , 12) |
| 4. distinction between intentional acts and accidents. (Para 13 , 14) |
1. Whether the brutal killing of two persons by the respondent No. 7 / driver (who has been found guilty of murder under S.302, Indian Penal Code and has been convicted and sentenced to life imprisonment by the trial court) using the truck as a weapon and crushing them down, could be treated as an 'accident' or as 'out of the use of a motor vehicle' so as to award compensation to the legal representatives of the deceased, on the strength of a policy issued by the appellant insurer? The finding of the Tribunal that the said incident is an accident and the appellant insurer is liable to pay the compensation, is put to challenge in these appeals.
2. Heard Mr. Dashrath Gupta, the learned counsel appearing for the appellant insurer, Mr. Shivendu Pandya, the learned counsel appearing for the respondents - claimants and Mr. S.S. Rajput, the learned counsel representing the respond
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