- (1.) THIS appeal under Section 173 of the Motor vehicles Act, 1988 is at the instance of the claimants and is directed against the order dated 25th June, 2003 passed by the learned Judge, Special Court-cum-Motor accident Claims Tribunal, Burdwan in m. A. C. Case No. 77/386 of 2002 thereby rejecting the application under Section 163a of the Act.
(2.) IT appears from the application under section 163a of the Act that the victim was a khalashi of a truck and while the said truck was waiting at petrol pump for the purpose of filling up fuel, four unidentified persons attacked the petrol pump and started firing, as a result, the driver of a different truck and the victim who was a khalashi of the insured truck involved herein died on the spot.
(3.) THE claim-application was filed by the father, mother and the sister of the victim.;