BHANU DEBNATH Vs. KARTIK CHANDRA SAHA AND ORS.

JUDGEMENT

(1.) This appeal by the claimant-appellant is directed against the award, dated 22nd December, 2008 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No.TS(MAC)128 of 2000, whereby he dismissed the claim petition filed by the claimant holding that the deceased did not die due to injuries sustained in a motor vehicle accident or due to the negligence of the driver and is, therefore, not entitled to get any compensation.

(2.) The claimant is the widow of Late Sri Rebati Debnath and mother of victim Sukhlal Debnath. She filed a claim petition on 08.03.2000 under Section 163A of the Motor Vehicles Act praying for compensation on account of the death of her son in a motor vehicle accident.

(3.) In this claim petition it was alleged that the deceased was travelling in a "jeep' bearing registration No.TRT-2187. According to the claimant, on 04.09.1998 at 7.00 p.m. her son Sukhlal Debnath along with several other passengers was travelling from Takrarjala to Jampuijala in the vehicle in question. She alleged that the victim and the other passengers had requested the driver of the jeep not to ply the vehicle without police escort because Takarjala-Jampuijala road was extremist infested area and many incidents of kidnapping, murder etc. had taken place on this road. However, the driver of the said vehicle did not pay heed to the request of the passengers and drove the vehicle and some extremists fired open to the jeep. It is alleged that some passengers were seriously beaten by the extremists in the jeep and 10/12 persons were kidnapped by them. According to the claimant, due to the attack by the extremists her son was seriously injured and he was taken to the Takarjala hospital from where he was referred to G.B. P hospital, Agartala but died on the way due to the injury received. It was alleged that the deceased was a businessman earning more than Rs.5,000/- per month.