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Whether death of the deceased Mohammed Sultan was due to murder simpliciter or accidental murder is the intricate question raised in this appeal.

2.The brief facts:-

The deceased Mohammed Sultan, aged 35, who was working as a driver, and earning a sum of Rs.5,000/- per month suffered death on account of murder on 27.06.1997. He was working as a driver in the taxi bearing registration No.TN-

55A 5994 of which the first respondent is claimed to be the owner.

2.1. On 27.06.1997, the deceased was waiting in the taxi stand at Pudukottai market and at that time two persons came there and took the taxi for hire. Later on, neither the car nor the deceased returned back. The owner of the car namely, the first respondent Subbiah preferred a complaint before the police.

1.whether the first respondent is the owner of the vehicle as contended by the claimants or the third respondent is the owner of the vehicle as contended by the insurance company ?

2.Whether the deceased had been working as a driver under the first respondent and there existed the relationship of employer and employee between the first respondent and the deceased?.

3.Whether the alleged murder is an accidental murder or murder simpliciter?

4.Whether the incident of murder took place by the use of motor vehicle and it was also in the course of employment ?

9. Whether the death of the deceased was due to murder simpliciter or it is an accidental murder is the next issue to be considered.

9.1. The learned counsel for the insurance company vehemently contended that it is a case of murder simpliciter and not an accidental murder.

9.2. The basic parameter/ principle to be considered in order to decide whether it is a case of murder simpliciter or accidental murder has been given in the following decisions.

i) 2000 SAR Civil 573 SC (Smt. Rita devi & Ors Vs. New India Assurance Company Limited & Another).

ii) 2009(2) TN MAC Page 399 (Gujarat High Court at Ahmedabad) (National Insurance Company Ltd., vs. Gitaben Saitansinh Rajput & Ors Page 405). According to the decisions, if the dominant intention of the crime is to kill the deceased, then the killing is a murder simpliciter, but if the murder was not originally intended but, if the murder had been caused in furtherance of any other crime or if the murder is consequential to some other crime, then it can be considered to be an accidental murder.