RANJAN SAHA Vs. TAPAN KUMAR SAHA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the award, dated 8th July, 2008 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. TS(MAC)495 of 1999 whereby the claim petition filed by the claimant was dismissed on the ground that the petitioner had not received injuries on his person in a Road Traffic Accident (RTA).

(2.) THE petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. In the claim petition it was alleged that on 07.02.1999 at about 3.00 p.m. the petitioner was travelling in vehicle No. TR -01 -3576(Jeep). According to the petitioner, before the Jeep started he and other passengers of the Jeep requested the driver not to ply the vehicle without escort because the road was passing through areas which were infested with the extremists. The driver did not heed the request of the victim and other passengers and drove the vehicle without escort. At Veluarchar some extremists stopped the vehicle and tried to kidnap some passengers including the victim and the driver of the Jeep. During the kidnapping there was scuffle between the extremists and the victim and the extremists fired from their weapons and the claimant received serious bullet injury in his arm. Thereafter the claimant was brought to the G.B.P. Hospital, Agartala where he remained admitted from 07.02.1999 to 20.02.1999. He was then referred to S.S.K.M. Hospital, Kolkata but was treated as an outdoor patient. It is alleged that the accident occurred due to the rash and negligent driving of the driver.

(3.) THE learned Tribunal placed reliance on the FIR lodged by one Md. Farid Miah who was also one of the passengers in the said Jeep and which had been filed by the claimant himself. Therefore, this is a document filed by the claimant and can be looked into. In this FIR it is not mentioned that any of the passengers asked the driver not to ply the vehicle without escort. Furthermore, in the FIR it is stated that at about 3.00 p.m. two tribal youths stopped the vehicle at Veluarchar and then 6 other armed tribal youths came to the spot. These tribal took away the driver Krishna Saha, the petitioner Ranjan Saha and two other persons from the vehicle at the point of the gun. The intention of the tribals was to abduct these persons. In the FIR not a word has been mentioned that any firing was indulged in by the extremists at the time of the abduction of the petitioner and three other persons. A certificate has also been issued by the Officer -in -Charge of Kalamcherrea Police Station which has also been exhibited by the petitioner himself and in the said certificate it is mentioned that the petitioner Ranjan Saha sustained grievous bullet injuries when he was in captivity of NLFT extremists. It is thus obvious that the claimant did not receive injuries when he was in the Jeep but received those injuries after he had been abducted by the extremists and was in their captivity.