THE UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER Vs. SMTI. FUL KUMARI DEB BARMA (NOATIA), SRI BASUDEB NOATIA, SRI PAHAR NOATIA AND SHRI SAMARJIT DATTA

JUDGEMENT

(1.) THE only ground raised in this appeal by the Insurance Company is that the Motor Accident Claims Tribunal had no jurisdiction to decide the matter. The undisputed facts are that the deceased was travelling in the vehicle belonging to Sri Samarjit Datta and insured with the appellant -Insurance Company. This vehicle was attacked by a group of extremists on 04 -06 -2001 and in the firing the deceased died. The claimants led evidence and two witnesses stated that the driver took the vehicle into a terrorist infested area without arranging for proper police escort.

(2.) THE question whether in such a case the Motor Accident Claims Tribunal has jurisdiction or not is no longer res integra. The issue involved in the present case has been the subject matter of a number of decisions.

(3.) THE Himachal Pradesh High Court in the case of a bomb blast in Himachal Road Trans. Corpn. and Ors. v. Om Prakash and others ( : 1992 ACJ 40) held that the accident arose out of the use of a motor vehicle since the duty lay upon the driver and the conductor to ensure the safety of the passengers.