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 other passengers requested the driver of the vehicle to proceed after taking proper police escort but the driver, defying the request of the deceased and other passengers, drove the vehicle, and on the way, because of the negligence of the driver, the accident had occurred and the extremists spread bullet on the passengers, and as a result, the deceased, on receipt of the bullet injury, died. It has also been alleged that subsequent thereto police and CRPF personnel came to the spot and there was an exchange of fire between the police and extremists, and as a result, a Dy. Superintendent of Police and some other police personnel also died. Manu P.S. case No. 66/96 was registered after the accident and postmortem examination over the dead bodies was held in connection with the case. The claimant-petitioners further stated that the deceased was aged 32 years at the time of accident and he was a businessman by profession and used to earn Rs.4,000/- (rupees four thousand) per month. The claimant-petitioners, therefore, prayed for awarding them compensation of Rs.21,34,000/-(rupees twenty one lakhs thirty four thousand).

3. Respondent No. 1, the owner of the vehicle, submitted written statement admitting the accident as alleged in the claim petition but denied negligence on the part of the driver of the vehicle. It is also stated that the driver was having with valid driving licence and that the accident occurred because of the extremists attack and there was no negligence on the part of the owner and the driver of the vehicle.

4. Respondent No. 2, the National Insurance Company also submitted written statement, inter alia, stating that the claimant-petitioners should prove all alleged facts by adducing admissible evidence, and that unless the particulars of insurance including that of the driving licence of the driver, certificate of insurance and other documents of the vehicle, placed on record, the Insurance Company cannot be held responsible for making payment of any compensation.

5. The Tribunal, considering the pleadings of the parties, framed following issues:-

1. Whether Prabhat Dhas aged about 32 years died due to a motor accident on 20-12-1996 at about 0645 hours on Dhumacharra-Neptaltilla road at Karaticherra under Manu P.S. District Dhalai due to rash and negligent driving of the driver of the Vehicle No. TRS-710(Bus)?

2. Are the claimant-petitioners entitled to any compensation under M.V. Act due to the said alleged accident? If so, what would be the quantum of compensation?

3. Who is liable to pay the compensation, if awarded, at all?

6. In course of trial, the claimant-petitioner No. 1 examined herself as PW.1 and relied on the documents i.e. the death certificate and copy of FIR, and those were marked as Exbt.1 series. The petitioners examined anot