BIPAL BASHI DAS Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Thus appeal, preferred under Sec. 173 the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act') has arisen out of the award dated 12.7.1996, passed, in T.S. (MAC) 163 of 1995, by the Member, Motor Accident claims Tribunal, West Tripura, Agartala (hereinafter referred to as 'the Tribunal') dismissing the application for compensation made under Sec. 166 of the M.V. Act by the claimant -appellant.

(2.) The material facts leading to the present appeal may, in brief, be set out as follows:

(3.) The respondent No. 2 herein, namely, owner of the vehicle contested the claim by filing his written statement, wherein, while admitting that the claimant's husband, Kartik Das, was a passenger in the said vehicle and that the vehicle was fired upon by the extremists at the area aforementioned, resulting into Kartik Das' death and also sustaining of injuries by other co -passengers, the owner submitted, inter alia, that the said vehicle was driven cleverly by its driver, who managed to reach Teliamura hospital despite attack on the vehicle by the extremists, and, in these premises, this respondent contended that the claim application was not maintainable.