JOGENDRA CHANDRA KAR Vs. HARADHAN SAHA

JUDGEMENT

(1.) The ambit of the expression "............. accidents involving the death of, or bodily injury to persons arising out of the use of Motor Vehicles.........." as appearing in section 165 of the Motor Vehicles Act, 1988 is the precise issue arising for the courts determination in the present case. The said question arises in the following facts.

(2.) The claim case out of which this appeal has arisen had been instituted by the respondent who are the parents of one late Amar Chandra Kar who was a T.S.R. Personnel. On 25.5.1993 the deceased was returning from Rajchantai by a vehicle bearing Registration No. TRT 1556 (Jeep). He along with other TSR personnel were proving security cover to the staff of the Rubber Board who were carrying money withdrawn from the Bank for payment of salary. When the vehicle reached a spot near Rajchantai, extremists opened fire on the vehicle as a result of which Amar Chandra Kar along with another Rifleman and the driver of the Vehicle died on the spot. Death was on account of bullet injuries suffered. Claiming that their son had died in a vehicular accident, the claimants instituted a claim proceeding registered and numbered as TS (MAC) 101/93 before the Motor Accident Claims Tribunal, West Tripura. A total compensation of Rs. 7,00,416.00 was claimed.

(3.) The owner of the vehicle as well as the insurance company, who were impleaded as opposite parties in the said claim petition, filed their respective written statements in the case. The stand taken by the opposite parties in the claim petition is that the death of Amar Chandra Kar did not occur in a vehicular accident; rather such death was caused by bullet injuries suffered on account of firing by the extremists. Consequently, it was contended that the claimants will not be entitled to any compensation under the Act.