Murder occurring during felonious acts may still be classified as an accident under the Motor Vehicles Act, allowing for compensation despite the nature of the act.

1. The appellant National Insurance Co. Ltd., represented by its Branch Manager, Dimapur Branch, Nagaland has preferred this appeal under S.173 of the Motor Vehicles Act , 1988 ('the MV Act', in short) against the judgment and award dated 25.5.2011 passed by the learned Member, Motor Accidents Claims Tribunal ('M.A.C.T.', in short), Dimapur in M.A.C. Case No. 83 of 2008 allowing the claim petition of the claimants - respondent Nos. 1 to 4 herein, awarding Rs. 5,53,500 as total compensation, directing the appellant insurance company to deposit the said awarded amount by cheque within 30 days from the date of passing the said judgment and award, in default further directed the said appellant insurance company to pay interest at the rate of 9 per cent per annum on the said awarded amount of Rs. 5,53,500 from the date of filing of the claim application by the claimants - respondent Nos. 1 to 4 before the Tribunal, i.e., from 24.4.2008 till such payment is made.

2. The brief facts of the case are that the respondent No. 5 is the owner of a Tata Indica vehicle bearing registration No. AS 01 - AE 3777 insured with the appellant insurance company. On 29.11.2007 at about 4 p.m., she sent her authorised and engaged driver, one Bal Bahadur Thapa, with her said Tata Indica vehicle to the local market at Diphu for purchasing household items and during such circumstances, some unidentified miscreants took away her said Tata Indica vehicle with her said authorised driver. The insured - owner of the vehicle, respondent No. 5, duly informed the said incident to the police concerned as well as to the appellant insurance company. Later, her said driver was killed in the process and the unidentified miscreants committed theft of her said Tata Indica vehicle, which is yet to be recovered and police subsequently recovered the body of her said driver at Dhing of Nagaon District, Assam.

3. Wife of the deceased driver, respondent No. 1, on her behalf, on behalf of Raju Thapa, respondent No. 2, being the legal representative of their minor son and on behalf of Renu Thapa and Ram Bahadur Thapa, the parents of the said deceased driver respectively, respondent Nos. 3 and 4, filed a claim petition under S.163 - A of the MV Act being the M.A.C. Case No. 83 of 2008 before the Member, M.A.C.T., Dimapur, Nagaland claiming compensation for the death caused to the driver Bal Bahadur Thapa in an accident arising out of the use of the said Tata Indica motor vehicle bearing registration No. AS 01 - AE 3777. In support of her claim the respondent No. 1 along with the said claim petition submitted the police report, post - mortem report of the deceased driver, copy of the F.I.R., etc. Respondent No. 5, insured - owner of the said Tata Indica vehicle, in her statement before the Member, M.A.C.T., Dimapur stated that on the date of the incident, i.e., on 29.11.2007 her said vehicle was insured with the appellant National Insurance Co. Ltd. and her said vehicle had all the requisite documents. She also stated that on the said date her said vehicle was driven by her paid, authorised and engaged driver Bal Bahadur Thapa, i.e., the deceased driver, who was in possession of valid and effective driving licence.

4. Learned Member, M.A.C.T., Dimapur framed following seven issues towards adjudication of the said claim which are as follows:
"(1) Whether the claim is maintainable in the present form?
(2) Whether the vehicle bearing registration No. AS 01 - AE 3777 (Indica car) was plying contrary to the terms and conditions of the insurance policy and is the insured liable for breach of contract and the insurer to be exonerated from liability