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 t