MUTAI KWTHANG JAMATIA Vs. TAPASH DEBNATH

JUDGEMENT

(1.) This appeal by the claimant is directed against the award of the Motor Accident Claims Tribunal (MACT), West Tripura, Agartala, wherein the petition filed by the claimant-appellant was dismissed on the ground that the death of the deceased did not arise out of the use of a motor vehicle accident.

(2.) The claimant, who is the son of the deceased, filed the claim petition alleging that his mother had died in an occurrence arising out of a use of motor vehicle and therefore, he is entitled to compensation. The relevant averments made in the claim petition are as follows:-

(3.) The allegations made in the claim petition were that when the deceased was travelling in the bus, some Bengali extremists stopped the bus, pulled out the passengers from the bus and killed them mercilessly. The other part of the allegation is that the driver of the vehicle was negligent in as much as he went into an area without any escort where there was communal strike.