Maharaj Sinha, J - (1.) . - This is an appeal against the Judgment and Award dated 19 July 1997 of the Motor Accidents Claims Tribunal, 11th Additional District Judge, (hereinafter referred to as the Claims Tribunal), Alipore, District - 24 - Parganas (South), in Motor Accident Claim Case No. 93 of 1996 under Section 166 of the Motor Vehicles Act 1988. The Claims Tribunal it appears, awarded a sum of Rs. 3,40,000/- in favour of the parents of the deceased victim. The said sum of Rs. 3,40,000/- was apportioned and divided equally both in favour of the Mother and the Father of the deceased victim being their only son.
(2.) The claimant/ appellant herein, Asha Takriwal in her claim application under Section 166 of the Motor Vehicles Act 1988 had claimed Rs. 16,00.000/- as compensation for herself and for her husband Kisori Lal Takriwal for the death of their son Umang Takriwal in a motor accident.
(3.) In order to decide the correctness of the Judgment and Award appealed against the facts leading to the death of the said Umang Takriwal are mentioned in brief:- On 19 April 1996, at about 9.45 in the morning the said Umang Takriwal, a young man of twenty years of age was riding a motor-cycle belonging to him on the Eastern Metropolitan Bye-pass. The said Umang Takriwal was going towards Sajal Nagore (south) by taking the Fasten Metropolitan Bye-pass, at about the same time the offending vehicle being a jeep was also coming from the opposite direction and going towards Rubi General Hospital. The said jeep hit the motor-cycle on the Eastern Metropolitan Bye-pass itself at a place called Kallikapur. Due to the impact of the said accident the said Umang Takriwal was thrown out of his motor-cycle and received severe chest injuries. He was taken to the Rubi General Hospital as the place of the accident was near to the hospital but the victim did not survive for long and died in the hospital within about half an hour of his admission.;