(1.) This appeal under Section 173 of the Motor Vehicles Act (M.V. Act) is directed against the award dated 25-05-2011 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S.(MAC) 229 of 2009 whereby he rejected the claim petition filed by the claimants on the ground that the claimants had failed to prove that the deceased died in a motor vehicle accident with the vehicle in question.
(2.) The claim petition was filed by the brother and sisters of Late Sujit Deb who was a Government Servant employed in a Group-D post. According to the claimants on 17.12.2008 at about 6 p.m. the deceased was riding on his bicycle and was returning from his place of work at Agartala to his residence at village Sukantapalli. At that time, a Government ambulance which was proceeding towards Agartala and was being driven in a rash and negligent manner hit the deceased resulting in his death.
(3.) The respondents-the State of Tripura denied all the allegations and it was submitted that no accident had taken place with the ambulance in question. The accident took place on 17.12.2008 and the FIR was lodged on 19.12.2008 by the brother and in this FIR it is mentioned that an ambulance (vehicle) had dashed the deceased from behind. It is also mentioned in the FIR that as per the description given by the eye witnesses, the number of the ambulance was TR-01-B-1176 and the vehicle was registered in the name of the Health and Family Welfare Department. After trial, the learned Tribunal rejected the claim petition. Hence, this appeal.