GITA SAHA Vs. REKHA RANI SAHA

JUDGEMENT

(1.) This appeal by the claimants is directed against the award of the Motor Accidents Claims Tribunals dated 06.07.2006 passed in Title Suit(MAC) No. 469 of 2001 whereby the claim petition was dismissed.

(2.) The claimants filed the claim petition under Section 163A of the Motor Vehicles Act, 1988 (for short, the Act) claiming that the deceased Suresh Chandra Saha, husband of claimant Smt. Gita Saha and father of claimants 2 and 3, Sri Rakhal Saha and Smt. Laxmi Saha was a business man aged about 45 years and earning Rs.5,000/- per month. It was alleged that the deceased Suresh Chandra Saha was travelling in truck No. TR-02-1569 on 11th February, 2000. According to the claimants he was travelling in the truck as owner of the goods. Some extremist gave a signal to the truck to stop but the driver did not stop the vehicle and tried to drive this truck at a high speed and then the extremists started firing on the truck. As a result of the firing Suresh Chandra Saha and other co-passengers were injured by the bullet injuries and Suresh Chandra Saha succumbed to his injuries on the way to Amarpur Hospital.

(3.) The learned Trial Court mainly dismissed the claim petition on the ground that the accident was not arisen out of the use of the motor vehicle but had occurred due to extremist violence. As far as this aspect of the matter is concerned, this Court in Sri Dilip Ch. Nath and Another Vrs. Managing Director, TRTC : MAC App No. 122 of 2004 decided on 13.08.2013 has held even if an accident occurred due to extremist violence then also it can be said to have arisen out of a motor vehicle accident. However, in this case there is no evidence to show that the driver of the vehicle was negligent in any manner whatsoever. The only witness examined is the widow who was admittedly not present at the spot. Even if the allegations in the claim petition are read that there is no allegation of negligence by the driver whatsoever. In fact, there is no clear proof of negligence. The only allegation is that the vehicle was driving rashly and negligently at a high speed. The vehicle did not crash nor did it have an accident. What happened was that the extremists opened fire and then the driver tried to flee away. This would not amount to negligence under any circumstances whatsoever.