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2012 Supreme(Gau) 925

S.C.DAS
Rita Das – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. A.C. Bhowmik, Sr. Advocate, Mr. R. Datta, Mr. S.P. Bhattacharjee and Mr. M.K. Roy
For Respondents/Defendant: Mr. P. Gautam

JUDGMENT

S.C. Das, J.

1. This appeal, under Section 173 of Motor Vehicles Act, 1988 is directed against judgment and nil award, dated 22.04.2002, passed by learned Single Member(Motor Accident Claims Tribunal) South Tripura, Udaipur, in Case No. T.S. (MAC) 13 of 2001 under Section 166 of M.V. Act. The material facts, relevant for disposal of this appeal, may be briefly noticed thus:

Netai Das, the husband of the appellant-petitioner No. 1, father of appellant-petitioner No. 2 and son of appellant petitioner No. 3, was travelling from Maharani to Udaipur with Commander Jeep vehicle No. TR01-2936 on 27.07.1999 to attend his duty as an Assistant Teacher in the Fulkumari Senior Basic School under the Education Department of the Govt. of Tripura and on way at Hirapur on Maharani Udaipur road, at about 5-30 A.M. a group of extremists suddenly attacked the vehicle and spread bullet aiming the vehicle. Netai Das received bullet injuries and he was shifted to Tripura Sundari District Hospital, Udaipur but he succumbed to the injuries. R.K. Pur P.S. Case No. 145/99 was registered after the accident and a police investigation was taken up. The vehicle belonged to respondent No. 2, Dhirendra Das






























































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