ORDER : Gautam Kumar Choudhary, J. 1. The claimants are before this Court against the rejection of their claim application filed under Sections 163A of the M.V Act for the death of Upendra Kumar Singh due to gunshot injury while he was travelling in a bus bearing registration no. BR-2C-0727. 2. As per the case of the claimants, on 04.06.2006 deceased was travelling in the said bus and around 3:30 a.m. road dacoity was committed by blocking the road with tree in which the deceased sustained bullet injuries and died. 3. Magadh University Police P.S. Case No. 26/2006 was registered under Sections 395 and 397 of IPC. 4. Learned Tribunal held that it was not a case of motor vehicle accident, and there was no negligence on the part of the driver of the vehicle so as to award compensation under Sections 163A of the M.V Act. 5. It is argued by the learned counsel on behalf of the appellants that on similar facts claims have been awarded wherein it has been held the word “accident” has been widely interpreted and death has been held to include accidental murder while travelling on a motorcycle. Reliance is placed on (2000) 5 SCC 113 Rita Devi (smt) & Others Vs. New India Assurance Co. Ltd. & Another. 6. Further, in a case where the death of the passengers resulted in bomb blast and terrorist activities, High Court of Jammu & Kashmir awarded compensation under Section 165 and 166 of the M.V Act 2005 (1) T.A.C. 404 (J&K) National Insurance Co. Ltd. Vs. Shiv Dutta Sharma. In this case, it was noted that since the death occurred during the use of the vehicle, therefore the appellant was entitled to compensation. 7. In view of Ratio laid down by the Hon’ble Apex Court in the case of Rita Devi (SMT) and Ors. (supra) that the death by gun shot injury of a passenger while travelling in a public transport will come within the meaning of an accident, while in the use of a motor vehicle, this Court is of the view that the order of dismissing the claim case filed under Section 163-A by learned Tribunal is not sustainable and is, accordingly, set aside. In view of the fact that there was no negligence on the part of the driver or owner of the vehicle, this case will come under the category of ‘no fault liability’ and Section 163A will apply. 8. I find force in the argument advanced on behalf of the respondent No.1 as no documentary evidence has been led on behalf of the claimants, therefore, Rs.4,000/- per month as monthly income, as stated by the witnesses, cannot be accepted. As per the oral evidence, the deceased was serving in the petrol pump and was earning a monthly income of Rs.4,000/- in 2006 which appears to be on the higher side. Accepting Rs. 3,000/- per month as monthly income, the final compensation amount as per Schedule-II to Section 163A taking the age of the deceased to be 25 years will work out to Rs.3000 x 18 x 1/ 3 rd . Therefore, annual dependency will be computed by taking 1/3 rd as living expense of the deceased. The annual dependency will, therefore, work out to Rs. 3,000 x 12 x 2/3 = 24,000/-. The deceased was aged 25 years for which multiplier 18 will be applicable and the final compensation amount will work out to Rs. 24,000 x 18= Rs.4,32,000/-. 9. Policy of the insurance was in the name of Upendra Kumar Singh with respect to bus bearing registration no. BR-2C-0727, the insurance was valid from 06.06.2006 to 05.06.2007. The accident took place on 04.07.2006 as per FIR. Therefore, the vehicle was under insurance cover at the time of accident and the Insurance Company will be liable to pay the compensation amount. The Insurance Company is, accordingly, directed to pay the compensation amount of Rs.4,32,000/- to the claimants with interest at the rate of 6% per annum from the date of filing of claim application. Payment shall be made within one month from the date of this order. Misc. Appeal is, accordingly, allowed. The amount will be deposited before the Tribunal and disbursement should be made by the Tribunal to the respective claimants on proper identification as per the terms of disbursement decided by the Tribunal.