Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
34. Mr. Banik has also relied on a more recent decision of the Supreme Court in the case of Rita Devi and Ors. v. New India Assurance Company and Anr. . In that case, an auto rickshaw hired from the stand by some unknown persons went missing and was reported stolen. On the next day, the police recovered the dead body of the driver, but the auto rickshaw could not be traced. The claim of the widow and other heirs of the driver for compensation under Section 163A of the Motor Vehicles Act, 1988 was contested by the owner and the insurer on the ground that the driver had been murdered and that his death could not be said to have been caused by an accident arising out of the use of the autorickshaw.