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Incident where pedestrian was struck by egg thrown from moving vehicle was an assault, not an accident.
The applicant was blinded in one eye when struck by an egg thrown from a passing motor vehicle.
She applied for statutory accident benefits, which the respondent insurer denied on the basis that the incident was not an 'accident' under the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal found that the incident was an assault, and the throwing of the egg was an independent and intervening act.
The use or operation of the vehicle was not the direct cause of the impairment.
The application was dismissed.
