- (1.) This appeal by the widow and minor son of the deceased Bishu Das is filed against the award dated 04-06-2002 passed by the learned Motor Accident Claims Tribunal, West Tripura, Khowai in case No. T.S.(MAC) 78 of 2002 whereby the Tribunal awarded a sum of Rs.2,23,000/- in favour of the two appellants and the parents of the deceased, respondent Nos.3 and 4 herein. Out of this amount of Rs.2,23,000/-, Rs.5,000/- was ordered to be paid to the widow for loss of consortium and the rest of the amount of Rs.2,18,000/- was to be divided equally amongst the claimants.
(2.) Ms. K. Roy, learned counsel appearing on behalf of the widow, submits that keeping in view the young age of the widow and the minor, the share of the parents should have been much less and she has prayed that a reasonable amount may be awarded to the parents, but major share should be awarded to the widow and her minor son. She also submits that the amount awarded is on the lower side and may be suitably enhanced. On the other hand, Sri H. Debnath, learned counsel for the parents, supports the award passed by the learned Tribunal as far as the apportionment is concerned, but supports the appeal for enhancement of the amount.
(3.) The undisputed facts are that Bishu Das was returning home on 29-10-2000. He was hit by vehicle No.TRL-3396 owned by Hari Narayan Debnath and insured with the New India Assurance Company Ltd. Two separate claim petitions were filed, one by the parents and one separate petition was filed by the widow and her minor son. Both the petitions were combined and one common award had been passed as mentioned hereinabove. All the four have been shown as petitioners in the award passed.;