Kerala: Accidental benefit to man murdered in car

THIRUVANANTHAPURAM: The Thrissur Consumer Disputes Redressal Forum has directed a private insurance company to pay Rs 2 lakh accidental death benefit to the family of a man who was murdered by passengers who travelled in his car. The complainants were filed by father Muthu, mother Chellamma, wife Letha and his minor children. The victim, Raghu alias Kannan of Chelakkara, owned a Chevrolet Tavera Car which was insured with Future Generali Insurance Company. In August 2012, his passengers killed him, threw out his body, and took the car away.

There was no previous enmity between them, and the intention of murder was allegedly theft. Palakkad South police had registered a crime based on this incident. His dependants contested that it was an accidental murder and claimed Rs 2 lakh. The company which rejected it said that it was murder simpliciter. This meant that the dominant intention of the assailants was to kill the driver and then steal the car. The forum considered the judgement by the national commission in a similar case.

The dictum of that decision was if the cause of murder or act of murder was originally not intentional and the same was caused in furtherance of any other felonious act, then such murder is an accidental killing. Also, there was no evidence available before the forum to show that it was intentional and pre-planned. Apart from releasing Rs 2 lakh a nine percent interest was to be paid from the date of filing complaint.