DIPALI ROY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE sole question involved in this case is whether in the case of a security personnel, deputed in a police vehicle, if the said security personnel is killed due to a terrorist attack, the incident can be said to be an accident arising out of the use of a motor vehicle.

(2.) THE undisputed facts are that the deceased Kabir Roy was a rifleman of Tripura State Rifles (TSR), 2nd Bn. On 22 -03 -1998, he along with other personnel of the TSR were on their way to Khowai travelling in vehicle No. TR -01 -1049. Near Mangal Choudhury Para, extremists attacked the vehicle and bullets were fired. The deceased received bullet injuries and expired. The question is whether such an incident can be said to arise out of a motor vehicle accident or not.

(3.) THIS judgment is being followed in this Court and Sri S.K. Dutta, learned counsel for the appellant, has pointed out that he has filed SLPs in the Apex Court challenging the said judgment which have been admitted. A number of dates were granted to await the judgment of the Apex Court. However, till now no judgment has been delivered. The matter is of the year 2003 and, therefore, in view of the judgment delivered in Smt. Basu Mati Debbarma's case, the appeal is devoid of merit.