MADHABILATA BHTTACHARJEE Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Heard Mr. S. Deb, the learned senior counsel assisted by Mr. B. Debnath, learned counsel appearing for the appellants and Mr. B. Bhattacharjee, learned counsel for the respondent No. 1, National Insurance Co. Ltd.

(2.) This first appeal has been preferred against the award dated 31/1/1998 passed by the learned Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S. (M.A.C.) No. 84 of 1996 whereby the claim on behalf of the appellant wife under section 166 of the Motor Vehicles Act (for short called 'the Act') for compensation in reference to the death of her husband late Satish Chandra Bhattacharjee in an accident occurred on 8/1/1996 at 8 a.m. at a place near Care and Cure Nursing Home on Jagannath Bari Road, Agartala, West Tripura, by a jeep bearing No. TR 01-2571 being driven rashly and negligently. On death of Satish Chandra Bhattacharjee, four major dependants (sons) and wife were left behind as surviving members.

(3.) The owner of the vehicle as well as National Insurance Co. Ltd. objected the claim of the appellant before the Motor Accidents Claims Tribunal (in short called 'the Tribunal'). However, on perusing the materials on record and evidences given by the witnesses the following issues were framed by the Tribunal: