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2011 Supreme(Gau) 892

P.K.MUSAHARY
Swarnabala Debbarma – Appellant
Versus
Goutam Saha – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Shri S.K. Das, Adv.
For Respondents/Defendant:Shri H. Das, Adv., for the respondent Nos. 1 and 2 and Mr. S.M. Ali, for the respondent No. 3

JUDGMENT

P.K. Musahary, J.

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 toward













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