SWARNABALA DEBBARMA Vs. GOUTAM SAHA

JUDGEMENT

(1.) Heard Mr. S.K. Das, learned counsel for the appellant and Mr. H. Das, learned counsel for the respondents No. 2 and 3 and Mr. Ali, learned counsel for the respondent No. 3. This appeal is directed against the judgment and order dated 7.12.10 passed by the learned Member, MACT in TS (MAC) Case No. 12 (Court No. 2), West Tripura, Agartala rejecting the claim of the appellants herein for compensation due to death of Rabindra Debbarma.

(2.) The case of the appellants, in brief, is that on 07.06.94 while Ratan Oebbarma, Rabindra Debbarma and other passengers were proceeding towards Agartala from Sibolsingh in a Bus bearing registration No. TRS- 766 through Mohanpur Ramchandraghat road, on their way they requested the driver of the bus not to proceed further along Subolsingh Mohanpur road as the road was infested by extremists and there was every possibility of attack by the extremists on public vehicle. They requested the driver of the said vehicle to proceed towards Agartala through Ramchandraghat - Teliamura road instead of Subolsingh Mohanpur road but the driver did not pay any heed and proceeded through Subolsingh Mohanpur road and continued to proceed towards Agartala through the said road and since the bus reached a place between Subolsing-Hejamara, some tribal extremists stopped the bus, entered into it, and started assaulting Rabindra Debbarma and other passengers by means of sharp weapons. They also shot at Rabindra Debbarma and Ratan Debbarma. Immediately after the incident, Rabindra Debbarma was taken to G.B. Hospital, Agartala where he succumbed to his injuries. The appellants/claimants being the legal heirs of the deceased, who died in the vehicular accident, filed application claiming compensation to the tune of Rs. 14,52,000/-. In connection with the aforesaid accident a case being Sidhai P.S. Case No. 75/94 was registered under Section 326/304, IPC.

(3.) At the time of hearing, the learned counsel for the appellants submits that one Ratan Debbarma who was also travelling in the same vehicle was killed in the said incident and his legal heirs also filed claim petition under Section 166 of the M.V. Act claiming compensation to the tune of Rs. 20,4000/- for his death due to said vehicular accident. The said case was registered as TS (MAC) No. 11/95 before the learned Member, MACT, West Tripura, Agartala, (Court No. 3). The said claim petition was accepted vide judgment dated 17.4.07 passed by the learned Member, MACT awarding compensation of Rs. 2,23,000/- including cost of funeral and loss of consortium. In the said case the learned Tribunal came to a conclusion that the