SUKANYA KALAI Vs. DILIP KR. PAUL

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is directed against the judgment dated 20 -12 -2002 passed by the learned Motor Accident Claims Tribunal, Court No. 3, West Tripura, Agartala in case No. T.S.(MAC) 558 of 2000 whereby the claim petition filed by the claimants was dismissed on the ground that the occurrence did not arise out of the use of a motor vehicle.

(2.) THE appellants, who are the petitioners before the trial Court, had filed a petition under section 163 -A of the Motor Vehicles Act. It was alleged that Sri Basudeb Kalai, husband of the petitioner -appellant No. 1 and father of the others died on 01 -05 -2000 at Mohanpur on the Assam -Agartala road. It was alleged that when the deceased was travelling in the bus being No. TRS -867 from ADC Chowmuhani, Jirania to Agartala, at Mohanpur some extremists gave a signal to the vehicle to stop. When the vehicle was stopped, the miscreants entered into the bus, beat the deceased and he received grievous injuries and ultimately died in the G.B. Hospital. On this ground, compensation was claimed under section 163 -A of the Motor Vehicles Act.

(3.) IN this very case, a larger Bench was constituted to decide the following question of law: -