KAJAL GOPE Vs. DIPANJAN MAJUMDER

JUDGEMENT

(1.) This appeal is directed against the award dated 09.02.2012 of the Motor Accident Claims Tribunal, Court No.3 West Tripura, Agartala passed in T.S (MAC) No.11 of 2010 whereby the claim petition filed by the claimantappellants was dismissed.

(2.) In the claim petition it was alleged that Gakul Ghosh alias Mani Ghosh deceased husband of the claimant-appellant No.1, Smti. Kajal Gope and father of claimant-appellant No.2, Master Subhajit Ghosh was driving a Commander Jeep which was hired by the Tripura State Rifles and the personnel of the Tripura State Rifles(TSR) were carried in the jeep. The deceased took the Jeep to Jatindra Roaja para from Ambasa and after completion of administrative camp, he was returning from there carrying TSR personnel when a group of extremist started firing aiming the vehicle and as a result the driver Gakul Ghosh alias Mani Ghosh and two others sustained bullet injuries and died at the spot.

(3.) The learned Tribunal held that as far as the driver of the vehicle is concerned there is no question of the petition being maintainable under the Motor Vehicles Act, 1988 and the petition, if any, would be maintainable only under the Workmen's Compensation Act. Today none has appeared on behalf of the appellants. However, I am clearly of the opinion that the view taken by the learned Tribunal is absolutely right. If passengers in a vehicle other than security personnel are injured or killed by the bullets, fired by extremists then that may be turned to be a motor vehicle accident but in these cases also if they are filed under Section 166 of the M.V. Act the claimants will have to prove that the driver of the vehicle was negligent. The claimants will have to allege and prove that the driver was negligent in driving the vehicle to an area full of extremist without proper escort etc. In the present case the deceased himself was the driver and the claimants are the heirs of the deceased. If the deceased was negligent his heirs cannot get compensation under the Motor Vehicles Act. On the other hand, under Workmen's Compensation Act there is no question of negligence. If the deceased died while performing his duties, the claim would be covered under the Workmen's Compensation Act.