Hon'ble Mr. Justice S.C. Das

1. This appeal, under Section 173 of M.V. Act, 1988 is directed against judgment and award, dated 30.03.2004, passed by learned Single Member, Motor Accident Claims Tribunal, West Tripura, Agartala, in Case No. T.S.(MAC) 14 of 1999 under Section 166 of the Motor Vehicles Act, 1988.

2. The material facts, relevant for disposal of this appeal, may be briefly noticed thus:

Prabhat Dhar, the husband of claimant petitioners/appellants Nos.1 and 2 and father of minor claimant petitioners/appellants Nos.3 to 6, was travelling with bus vehicle No. TRS-701, through the road between Dhumacherra and Nepaltilla, on 20.12.1996, and at about 06.45 hrs., when the vehicle reached near Karaticherra, armed extremists fired on the vehicle, and as a result, Prabhat Dhar received bullet injury and died on the spot. Some other passengers were also received such bullet injury and died. It was alleged in the claim petition that the road between Dhumacherra and Nepaltilla was an extremist infested area where on earlier occasions also many such occurrence of extremists attack on running vehicle occurred and innocent passengers were killed, and therefore, the deceased and ot