- (1.) This is an appeal in connection with a motor accident claims case challenging the judgment and award dated 22nd February, 2007 passed by the Motor Accident Claims Tribunal (for short MACT), Burdwan in case No. 136 of 2005 (previously numbered as 468 of 2004). The Insurance Company is the appellant before this Court, the respondent Nos. 1, 2 and 3 are the claimants and the respondent No. 4 is the owner of the offending vehicle in question.
(2.) The respondent Nos. 2 and 3 are minors and therefore represented by the respondent No. 1, their mother and natural guardian. By the judgment and award impugned the Ld. Tribunal was pleased to award a sum of Rs. 25,09,970/- in favour of the three claimants as compensation under Section 166 of the Motor Vehicle Act, 1988 (for short the 1988 Act).
(3.) The short facts of the case are as follows:- a) That the victim, one Sk. Zear Ali @ Jiyarli Sk. was husband of the claimant/OP No. 1 and the father of the claimants/OP Nos. 2 and 3. On the fateful date of 23rd August, 2004 at about 17.00 hours the victim was standing by the side of G.T. Road and talking with one Sk. Abdus Salek when suddenly the offending lorry bearing the registration No. WBK 9313 while travelling from Durgapur to Burdwan tried to overtake another vehicle. The driver of the offending lorry lost his control and hurtled along the Southern side of the road where victim was standing and dashed against the victim. The victim died on the spot. b) A case was registered under Galsi Police Station being case No. 106 of 2004 dated 23rd August, 2004 under Sections 279/304-A IPC for rash and negligent driving. The post mortem was conducted at Burdwan Medical College and Hospital. c) At the time of his death the victim was aged around 41 years. The victim was the sole bread winner of his family and the claimants, being his family members, were therefore entirely dependent on him. The victim used to work as an agent of the Life Insurance Corporation of India (for short LICI), Guskara Branch and earned a sum of Rs. 2,78,886/- per annum.;