ARATIBALA PAUL Vs. GOPAL CHANDRA SAHA

JUDGEMENT

(1.) THIS appeal is directed against the award dated 15.12.2006 passed by the learned Motor Accident Claims Tribunal, Court No. 2, West Tripura, Agartala in T.S. (MAC) 162 of 1995 whereby the claim petition filed by the petitioners was dismissed only on the ground that the death of the deceased did not take place due to motor vehicle accident.

(2.) THE prosecution story briefly stated is that the deceased son of the claimants was travelling in vehicle No. TR -01 -1218. This vehicle was moving from Taidu Bazar to Teliamura near Laxmidhan. Some extremists fired on the vehicle and as a result of which the deceased suffered gunshot injuries and expired in hospital. Date of expiry is 06.12.1993. The learned Tribunal came to the conclusion that the case is not covered by the provisions of section 166 of the Motor Vehicles Act and therefore, without deciding any other issue dismissed the appeal.

(3.) IN view of the aforesaid fact, I had first thought that the matter can be disposed of at the appellate stage on all issues. However, on going through the entire record, I find that one of the important issues involved is whether vehicle involved in the accident was a bus or a truck. According to the Insurance Company, vehicle was insured as a truck whereas in the claim petition and in the Judgment it is stated that the vehicle was a bus. This fact will have material bearing on the decision of the case. Therefore, I feel the best course would be to remand the matter to the trial Court for deciding all other issues including the issue of negligence.