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National Insurance Co. Ltd. vs Rukhshanaben Salimbhai Vora And Anr. on 10 August, 2006 cites

Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000

4. As far as the first contention is concerned, it cannot be accepted. As held by the Apex Court in Rita Devi v. New India Assurance Co. Ltd. , all that the claimant has to establish is that the death or disablement was caused due to an accident arising out of the use of a motor vehicle. In that case, the deceased was a rickshaw driver who was carrying passengers in the rickshaw. The passengers in the rickshaw decided to commit an act of felony of stealing the auto-rickshaw and in the course of achieving the said object, they caused the murder of the rickshaw driver. In a claim petition filed under Section 163A of the Motor Vehicles Act, 1988, the defence of the Insurance Company, which was accepted by the High Court, was that the death of the deceased was not caused by an accident arising out of use of the motor vehicle. Negativing the contention, the Apex Court held that the driver of the auto-rickshaw was duty bound to have accepted the demand of fare-paying passengers to transport them to the place of their destination and during the course of this duty, if the passengers had decided to steal the rickshaw and in that process caused the murder of the rickshaw driver, it has to be held that the death of the driver was caused accidentally in the process of committing theft of the auto-rickshaw. The Apex Court had no hesitation in coming to the conclusion that the murder of the deceased was due to an accident arising out the use of the motor vehicle.
Supreme Court of India Cites 8 - Cited by 419 - Full Document
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