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1 - 10 of 17 (0.25 seconds)Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
20. The learned Counsel for the respondents 1 to 3/claimants 1 to 3
presses into service the decision in Rita Devi and others v. New India Assurance
Company Limited and another (2000 ACJ 801), at page 806, whereunder the
Honourable Supreme Court has inter alia observed that 'the deceased, a driver of
the autorickshaw, was duty bound to have accepted the demand of fare paying
passengers to transport them to the place of their destination. During the
course of this duty, if the passengers had decided to commit an act of felony of
stealing the autorickshaw and in the course of achieving the said object of
stealing the autorickshaw, they had to eliminate the driver of the autorickshaw,
then it cannot but be said that the death so caused to the driver of the
autorickshaw was an accidental murder. The stealing of the autorickshaw was the
object of the felony and the murder that was caused in the said process of
stealing the autorickshaw is only incidental to the act of stealing of the
autorickshaw. Therefore, it has to be said that on the facts and circumstances
of this case the death of the deceased (Dasarath Singh) was caused accidentally
in the process of committing the theft of the autorickshaw."
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Section 120 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Company Limited vs Amir Basha, Sahira Bi, Balakrishnan, ... on 19 December, 2002
19. He also further urges that since the death of Devaraj Balasundaram
arose out of use of motor vehicle namely Tata 407 van bearing Registration
No.TN-67-B-3322, the respondents 1 to 3/claimants are entitled for compensation
and cites the decision in United India Insurance Company Limited, Mettupalayam,
Coimbatore District v. Amir Basha and others {(2003)1 M.L.J 283} at 283, wherein
it is laid down as follows: