SANDHYARANI DAS Vs. RABINDRA CH. DAS AND ANOTHER

JUDGEMENT

(1.) The above two appeals care directed against the judgments dated 23-4-2003 and 21-9-2002 passed by learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 419/ 2000 and T.S.(MAC) 418/2000 rejecting the claim of the appellants herein for compensation due to death of Biswajit Das and Bhajan Biswas. As from the same accident and similar judgments present two appeals have arisen, I propose to dispose of them by this common judgment.

(2.) I have heard Mr. P. Roy Barman, learned counsel for the appellant in both the appeals and Mr. P. Chakraborty, learned counsel for the respondents in the first mentioned appeal. None was found present for the respondents in the second mentioned appeal.

(3.) The material facts relevant for disposal of this appeal may be briefly noticed thus. On 12-5-2000 Biswajit Das and Bhajan Biswas were travelling to Gabordi by TRT-2033 (Jeep) when the vehicle came under extremist attack at Agartala-Jampaijala road. Biswajit, Bhajan and some other passengers sustained bullet injuries and died on the spot. In the claim petitions for compensation, the claimants claimed Rs. 6,00,000.00 in each case which was, however, rejected only on.the ground that the death did not occur due to motor accident. In their depositions, the claimants stated that Jampaijala road was not at all safe as it was an extremist affected area. No vehicle should, therefore, run without security. But, inspite of objection from the passengers, the driver drove the vehicle without any security along that road, which brought about the end of the precious lives of Biswajit, Bhajan and others due to sudden opening of fire by the extremists. Negligence on the part of the driver was thus apparent and eloquent.