Hon'ble Mr. Justice S.C. Das

1. This appeal under Section 173 of M.V. Act, 1988 is directed against the judgment and award dated 22.05.2004, passed by learned Single Member, Motor Accident Claims Tribunal, West Tripura, Agartala, in case No. TS (MAC) 199 of 1999, registered under Section 166 of M.V. Act, 1988. The material facts, relevant for disposal of this appeal, may be briefly noticed thus:

Yunus Miah, the husband of claimant-petitioner No. 1 and father of claimant-petitioner Nos. 2 to 6 and respondent No. 3, was travelling with a bus vehicle, bearing No. TR-01-1355 through Assam-Agartala Road from Khowai to Ranirbazar on 22.08.1998, and at about 09.00 pm, when the vehicle reached near Sadhu Para Forest Office (Champaknagar), armed extremists indiscriminately fired on the vehicle, and as a result, Yunus Miah received bullet injury and died on the spot. Some other passengers also received such bullet injury and died. It was alleged in the claim petition that the road between Teliamura to Champaknagar was running through extremist infested areas, and therefore, the passengers of the vehicle including the deceased requested the driver and the conductor not to proceed with the vehicle during such night time without police escort but the driver did not pay any heed to the request of the passengers and was driving the vehicle, and therefore, for the negligence of the driver the incident occurred, and as a result, the deceased Yunus Miah and some other passengers, travelling in the vehicle, received bullet injuries and Yunus Miah and some other passengers died. After the incident, Jirania P.S. Case No. 116/98 was registered on the basis of the FIR lodged by a Forest Guard of the Forest Range Office, in front of which the incident occurred, and police investigated the case. The claimant-petitioners further stated that the deceased was aged 45 years and that he was a skilled and efficient cultivator and he was also a member of the Panchayat. He used to earn Rs. 3,000/- (rupees three thousand) per month. The claimant-petitioners claimed compensation of Rs. 6,34,000/- (rupees six lakhs thirty four thousand).

2. Respondent No. 1, the owner of the vehicle submitted written statement, denying rash and negligent driving of the vehicle and further stated that the vehicle was insured with the National Insurance Company, covering the risk on the date of accident and, so liability, if any, should be borne by the Insurance Company.

Respondent No. 2, the National Insurance Company also contested the case by filing written statement, denying the averments made in the claim petition and further stated that the accident occurred because of the extremists firing, and so the Insurance Company has no liability to pay compensation.

Respondent No. 3, the son of the deceased, supported the claim of the claimant-petitioners and further asserted that he along with his wife were living separately and that he has no claim for compensation for the death of his father.

3. The Tribunal, considering the pleadings, framed following issues:

"1. Whether Yunus Mia, aged about 45 years, succumbed to his injuries due to extremist attack on 22-08-98 at about 9 p.m. near Sadhupara Forest Office on Assam-Agartala road under Jirania PS while travelling by vehicle No. TR. 01-1355 (Bus)?

2. Are the claimant-petitioners entitled to get compensation under M.V. Act? If so, what should be the quantum of compensation and who is liable to pay it?

4. In course of trial, the claimant-petitioner examined herself as PW.1 and relied on the documents i.e. death certificate, FIR of police case, certificate issued by the 0/C of the P.S. and survivorship certificate, etc., and those were marked as Exbt.1 series.

Respondents adduced no oral or documentary evidence. The owner of the vehicle produced copies of certificate of registration, tax token, insurance certificate, fitness certificate, etc. of the alleged offending vehicle, but the respondent took no step to formally prove the same.

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