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The Ld. Counsel for the appellant submitted that the murder as per terms and conditions of the insurance policy is not an accident and as such, the complainant as nominee of the DLA is not legally entitled to get any benefit from the Insurance Company. He also submitted that the Ld. District Forum misinterpreted the decision of the Hon'ble Apex Court given in Rita Devi's case and erroneously held that the accident includes murder also and passed the impugned judgment awarding compensation in favour of the respondent. He further submitted that the Insurance Company also is relying on the decision of the Hon'ble Apex Court pronounced in the said Rita Devi's case. He also submitted that the Hon'ble Apex Court has been pleased to hold that if the intention is to kill a particular person, such killing is not an accidental murder, but is a murder simplicitor. He also submitted that in the instant case, the act of murder was not caused in furtherance of any other felonious act and therefore, the murder of the DLA Champak Majumder is a murder simplicitor, but the Ld. District Forum wrongly relied upon the decision of the Hon'ble Apex Court given in the Rita Devi's case and passed the impugned judgment which, not being sustainable in law, should be set aside and the appeal should be allowed.

The Ld. Counsel for the appellant further submitted that in the instant appeal, there involves only one point to be adjudicated and that is whether the accident also includes murder or not. He also submitted that if it is held that the murder also falls within the ambit of the definition of accident, then the Insurance Company should have no case. He categorically submitted that barring this particular point, no other point requires to be decided in this appeal.

The Ld. Counsel for the respondent-complainant submitted that the Ld. District Forum rightly relied on the decision of the Hon'ble Apex Court pronounced in Rita Devi's case. He also submitted referring to a decision of the Hon'ble National Commission pronounced on 21st May, 2008 between Maya Devi Vs Life Insurance Corporation of India arising out of the judgment dated 21.05.2007 passed in appeal no.2675/2003 by the State Consumer Disputes Redressal Commission, Uttar Pradesh reported in III (2008) CPJ 120(NC) that the Hon'ble National Commission also relying on the decision of the Hon'ble Apex Court in a case pronounced on 27.04.2000 between Smt. Rita Devi and other (petitioners) Vs New India Assurance Company Ltd. and another (respondents) has been pleased to hold that the accident also includes murder. He also submitted that the Ld. District Forum rightly relied on the decision of the Hon'ble Apex Court in Rita Devi's case and passed the impugned judgment which, being proper, legal and justified, should be affirmed and the appeal should be dismissed.

Going through the materials on record and also after hearing the Ld. Counsels of both sides with the reference to the decision of the Hon'ble National Commission as well as the decision of the Hon'ble Apex Court, we are of the view that this Commission requires to decide only one point and that is whether the murder of the DLA Champak Majumder can be covered within the ambit of definition of 'accident'. The Ld. Advocates of both sides have placed their reliance upon the decision of the Hon'ble Apex Court in Rita Devi's case. At the same time, the Ld. District Forum also passed the impugned judgment relying on the principle of law laid down by the Hon'ble Apex Court in the said Rita Devi's case. So, it is necessary to go through the judgment of the Rita Devi's case for arriving at the point which is the only issue in this appeal. A brief fact of Rita Devi's case is as follows:-

It is true that the Hon'ble Apex Court has been pleased to decide in Rita Devi's case where there involved a matter of use of an auto rickshaw by the driver of the said auto rickshaw, when he was murdered, but in the instant case, there involves no question of using any motor vehicle by the DLA Champak Majumder. It may be argued that as the facts and circumstances are not similar, the principle of law laid down by the Hon'ble Apex Court in Rita Devi's case is not applicable in the instant case. This Commission only relied on the observation of the Hon'ble Apex Court on a point when a murder is not an accident and when a murder is an accident. So, relying on the said observation of the Hon'ble Apex Court as mentioned above, it can be said that the death of DLA Champak Majumder is an accidental murder.