NARAYAN DEBNATH Vs. SUKUMAR ROY

JUDGEMENT

(1.) THIS is an appeal made under Section 173 of the Motor Vehicles Act, 1973, against the judgment and award, dated 30.5.1998, passed in TS (MAC) No. 176/1994, by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, awarding a sum of Rs. 50,000 only as compensation to the claimants, who are parents of deceased Nemai Debnath, who died in a motor vehicular accident, on 29.7.1994, at the age of 6 years. Challenging the compensation awarded as inadequate, the appellants have preferred this appeal.

(2.) WE have heard Mr. A.C. Bhowmick, learned counsel for the appellants, and Mr. A Gonchoudhury, learned counsel for the insurer -respondent.

(3.) THOUGH material distinctions exist between the factors, which govern the determination of the amounts of compensation under sections 166 and 163A of the MV Act, 1988, and there are distinct advantages as well as disadvantages in claiming compensation under Section 166 vis -a -vis Section 163A of the MV Act, 1988, the guidelines given in the structured formula, framed under Section 163A, may be applied, in an appropriate case, while determining compensation in a claim arising under Section 166 of the said Act.