(2013) 1 ACC 127 ::(2013) 2 TAC 807 ::AIR 2012 (NOC) (SUPP) 113 (GAU.) (AGARTALA BENCH) ::(2012) 6 Gau LR 80 ::(2012) 3 Gau LT 836 ::2012 AAC 1874 (GAU)

Gauhati High Court

Hon'ble Judge(s): Swapan Chandra Das , J

(A) Motor Vehicles Act (59 of 1988) S. 166 — Claim petition — Accidental death or murder — Deceased was innocent passenger travelling in Bus — Extremists attacked Bus — Dominant intention of attack by extremists was not to kill individual passenger but to attack vehicle in order to create panic and to let loose a reign of terror taking law in hands — Such an act cannot be termed as murder simplicitor but an act of accidental murder — Claim petition under Act, maintainable {" The deceased was an innocent passenger travelling with the bus vehicle along with other passengers. There was nothing on record that the extremists had a particular intention to kill the deceased, picked him up from the passengers travelling in the vehicle and shot him dead. There was no intention of the extremists to kill a particular passenger. The facts and circumstances what were brought on record, showed that the dominant intention of the attack by the extremists was not to kill the individual passenger but to attack the vehicle in order to create panic and to let loose a reign of terror taking the law in hands. Such an act cannot be termed as a murder simplicitor but an act of accidental murder. Claimants therefore, would be entitled to get compensation under Act. (Para 13,17,21) "} .....