LAWS(GAU)-2013-3-63

BASU MATI DEBBARMA Vs. ANITA DEBBARMA

Decided On March 19, 2013
Basu Mati Debbarma Appellant
V/S
Anita Debbarma Respondents

JUDGEMENT

(1.) All these appeals are tagged together as the common question of law that threads through all these appeals, namely, (1) M.A.C. App. No. 26 of 2001,(2)M.A.C. App. No. 52 of 2001, (3) M.A.C. App. No. 26 of 2002, (4) M.A.C. App. No. 92 of 2002, (5) M.A.C. App. No. 70 of 2003, (6) M.A.C. App. No. 76 of 2003, (7) M.A.C. App. No. 78 of 2003, (8) M.A.C. App. No. 81 of 2003, (9) M.A.C. App. No. 87 of 2003, (10) M.A.C. App. No. 89 of 2003 and (11) M.A.C. App. No. 84 of 2003 is whether the death or bodily injury as received from the indiscriminate firing by the outlawed armed outfits while borne in the motor vehicle would be included within the category of accident victims from the use of the motor vehicle as provided under sections 163-A/165 of the ''Motor Vehicles Act for compensation in terms of section 168 of Motor Vehicles Act.

(2.) By the impugned judgments and orders the claims of the appellants were rejected by the Tribunal holding that the bodily injury or death that occurred had not arisen out of an accident from the use of the motor vehicle as prescribed in sections 163-A/165 of the Motor Vehicles Act.

(3.) It would be further essential to take brief note of the factual backdrop of those appeals to underline the distinguishable fact, if any.