PRIYA VART CHOUDHURY Vs. BICHITRA DEBNATH

JUDGEMENT

(1.) HEARD Mr. B. Das, learned Sr. counsel assisted by Mr. D. Chakraborty, learned counsel for the appellant. Also heard Mr. P. K. Pal, learned counsel for the opposite party Nos. 1 to 7 and Mr. S. Deb, learned Sr. counsel assisted by Mr. S. Chaudhury, learned counsel for the opposite party No. 8.

(2.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988 (in short called M. V. Act) has been preferred against the order dated 16. 1. 99 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala (for short, 'learned Tribunal') in TS (MAC) No. 166 of 1991 awarding an amount of Rs. 2,59,000/- with interest @ 12% per annum as compensation with effect from 17. 12. 91 payable to the opposite party Nos. 1 to 7 by the appellant herein/priyavart Chaudhury.

(3.) IT appears that claimants/opposite party Nos. 1 to 7 /preferred T. S. (MAC) No. 166 of 1991 under Section 166 of M. V. Act claiming compensation in reference to the death of Nagendra Debnath, the husband of claimant/opposite party No. 1 and father of opposite party Nos. 2 to 7 in a motor accident occurred on 7. 11. 91 at around 5. 20 a. m. at Bordowali on Agartala-Bishalgarh road while coming back to home from his office at A. D. Nagar Police camp to Battala Bus stop. A canter Truck No. TRL-3847 loaded with wooden logs coming from the southern side to Agartala-Bishalgarh road with an excessive speed, knocked down Nagendra Debnath at Bordowali while going on foot, thereby he sustained severe injuries and had died on the spot. The said accident is said to have occurred due to rash and negligent driving of the aforesaid Truck. At the relevant time, the deceased Nagendra Debnath was working in Police department in the rank of Home guard, in addition to that he was an agriculturist. At the time of his death, his age was 44 years and his monthly salary was Rs. 3,000/.