NITAI SAHA Vs. SWAPNA BEGUM

JUDGEMENT

(1.) This appeal is filed by one Nitai Saha, original respondent No.6 of T.S. (MAC) No.134 of 2000 filed by the respondents No.1 to 3 herein. The said respondents Swapna Begum and others were the original claimants. They had filed the said claim petition seeking compensation for death of the husband of Swapna Begum and father of the other two claimants Md. Makaraddas @ Makaradwaz Ali.

(2.) The origination of the claim petition is rather unusual and needs to be recorded at the outset. These facts are virtually undisputed and therefore one need not refer to the relevant evidence through which these facts were brought on record. Such facts are:

(3.) On the date of the incident i.e. on 12.02.1998, the deceased Md. Makaraddas Ali and other jawans of TSR 3rd Battalion were returning towards Ambassa town travelling in the said vehicle. The vehicle was escorted by three other vehicles of the police. When the convoy of the vehicles was passing between Pati Rai and Jaraham Para, the extremists fired on the vehicles. The two vehicles in the front escaped without much damage. However, the truck in which the deceased Md. Makaraddas Ali was travelling, faced the brunt of the attack by the terrorists. In the firing, Md. Makaraddas Ali died. His widow and dependent children therefore filed the said claim petition claiming compensation of Rs.29,10,000/- from the opponents which included the erstwhile owner R.K. Bhattacharjee, the transferee of the vehicle, Nitai Saha the appellant; as well as the Government.