S.P.Talukdar, J. - (1.)The present appeal being No. 459 of 1999 is directed against the judgment/order dated 26.8.1997 passed by the learned 3rd Additional District Judge-cum-Motor Accidents Claims Tribunal, Nadia Krishanagar in M.A.C. Case No. 413 of 1995.
(2.)Respondents, namely, Tanushree Mukherjee (minor) and Piyali Mukherjee, as claimants, filed an application under section 140 of the Motor Vehicles Act read with section 166 of Motor Vehicles Act, 1988 on account of death of Tarun Kumar Mukherjee.
(3.)Grievances of the present respondents, as claimants, may briefly be stated as follows: On 7.9.1995 at about 9.00 hrs. a vehicle bearing No. WB 11-6484 was rushing towards Calcutta via N.H. 34 at a high speed. At about 9 a.m. when it reached near Panchpota (Babla) of Santipur, Distt. Nadia, one of the tyres got punctured and the driver of the vehicle lost control and it dashed against a roadside tree. All the three occupants including the owner of the said vehicle were severely injured and the owner, Tarun Kumar Mukherjee, died on way to the hospital. Such accident took place due to rash and negligent driving of the said vehicle. The claimants are the legal heirs of the deceased owner of the vehicle. An amount of Rs. 50,000 in a way of statutory compensation was sought for in the application under section 140 of the Motor Vehicles Act.
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