ORIENTAL INSURANCE COMPANY LIMITED Vs. JHARNA SARKAR

JUDGEMENT

(1.) Heard Mr. P. P. Bhattacharjee, learned counsel for the petitioner Insurance Company. Also heard Mr. S. Deb, learned Sr. Counsel along with Mr. S. Dutta, learned counsel for the claimant-respondents.

(2.) Since both the two petitions involve common question of law and facts, hence with the consent of the learned counsel of both sides, these are disposed of together finally by this common judgment and order.

(3.) On 19-10-1997, one Bus bearing No. TRS-488 was coming from Jampaijala to Agartala, without Police escort. At about 7-20 A.M., when it reached Kanurampara, under Takarjala Police station, a gang of armed unknown extremists stopped the Bus and kidnapped the passengers including the two deceased, namely, Binanda Sarkar and Milan Debnath. Subsequently on 30-10-1997, the dead bodies of the two deceased were found lying on the road. The heirs of two deceased filed claim petitions before the Motor Accident Claims Tribunal, Agaratala. On the prayer of the claimant-petitioner, the learned Member, Motor Accident Claims Tribunal awarded a sum of Rs. 50,000/- in each case to the heirs of the two deceased persons under Sec. 140 of the Motor VehicleAct (for short, 'the MV Act'). Aggrieved by the said order, the Oriental Insurance Company has filed the present writ petition under Article 227 of the Constitution of India for setting aside the impugned order of the Tribunal.