Sinha, J. - (1.) This appeal is directed against a judgment and award dated 18.12.90 passed by the learned Motor Accident Claims Tribunal, Jalpaiguri, in M.A.C. Case No. 30 of 1988, whereby and whereunder the said Tribunal allowed an application filed by the respondent herein under section 110A of the Motor Vehicle Act, 1939, and awarded a sum of Rs. 1,95,840/- by way of compensation for death of his son Bhaben Roy.
(2.) The basic fact of the matter is not in dispute.
(3.) The deceased at the relevant time was 17 years of age. He used to earn a sum of Rs. 400/- per month from business of selling vegetables. He, on the fateful day, that is, 21.8.87 at about 7 p.m. was coming back to his house in a rickshaw which met with an accident with a bus belonging to the appellant herein bearing registration No. WGT 2287. According to the applicant, the said bus was being driven rashly and negligently by the driver O.P.W. 1, as a result whereof the said accident occurred. The appellant herein in its written statement raised various pleas, including the absence of any rashness and negligence on the part of the driver of the bus. The learned Tribunal, having regard to the pleadings of the parties, framed the following issues : 1. Is the present case maintainable ? 2. Did the deceased Bhaben Roy die out of an accident ? 3. Did the accident take place on 21.8.87 ? 4. Was the State bus No. WGT 2287 involved in the accident ? 5. Did the victim die on the spot ? 6. Was the monthly income of the deceased Rs. 400/- per month ? 7. Is the claimant entitled to get compensation in this case ?;