GOLAPI DEBBARMA, W/O BAISAKH DEBBARMA OF VILLAGE Vs. REBATI DEBBARMA, S/O LATE NABADWIP DEBBARMA OF VILL

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and order dated 21.12.2005 passed by the learned Motor Accident Claims Tribunal No. 2, West Tripura, Agartala whereby the claim petition of the petitioner was dismissed on the ground that the injuries were not suffered in an accident arising out of the use of a motor vehicle.

(2.) Briefly stated, the facts of the case are that the claimant was travelling in a Commander Jeep bearing No. TR-01-3482 when the same was attacked by extremist and the claimant also suffered certain injuries. Other persons died. A number of claim petitions were filed and these were all dismissed.

(3.) In different judgments including the judgment passed in MAC Appeal 97 of 2006 dated 09.12.2013 (Smt. Sambhu Laxmi Debbarma vrs. Shri Rebati Debbarma) this Court has held that the accident arises out of the use of motor vehicle and that the insurance company is liable to pay compensation. Therefore, I proceed to assess the compensation in terms of the Act.