(1.) THE above two appeals have been preferred against the judgment and award dated 17. 8. 2001 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (hereinafter referred to 'tribunal') in T. S. (MAC) No. 467 of 1997 in respect of death of Kartick Chandra Dey, whereby the Tribunal had awarded a compensation of Rs. 7,75,000/- along with interest payable @ 9% per annum with effect from 17. 9. 1997, i. e. from the date of filing of the claim petition.
(2.) SINCE both the appeals having been preferred against a common order, therefore, these are being disposed of also by a common judgment.
(3.) IT appears that the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to 'the M. V. Act') read with Section 163 (A) (1) of the M. V. Act as T. S. (MAC) 467 of 1997 was preferred by Smti. Asha Dey in respect of the death of her husband Kartick Chandra Dey, aged about 31 years. The husband of the claimant, who died in a motor accident, occurred on 17. 9. 1997 at about 10. 30 hours in front of Oil and Natural Gas Commission (O. N. G. C.) main Gate was working as a Khalashi in the Fire Station of 'o. N. G. C', Tripura Project and was drawing a salary around Rs. 14,900/- per month. Due to rash and negligent driving of the driver of Commander Jeep No. TR-01-3169 an accident occurred on 17. 9. 1997 and as a result Kartick Chandra Dey sustained severe injuries on his person and had succumbed to his injuries on that day at G. B. Hospital. In the claim petition No. T. S. (MAC) 467 of 1997, Smti. Nani Bala Dey, the mother of the deceased was arrayed as opposite party No. 4, who also preferred T. S. (MAC) 432 of 1997 before learned Tribunal which was subsequently withdrawn.