Dipankar Datta, J. - (1.) Upon the death of Gadadhar Gouri (hereafter the victim) in a motor accident, his widow Smt. Jyotsna Gouri and her minor daughter approached the Motor Accident Claims Tribunal, Tamluk on 29th August, 2012 with an application under Section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) seeking compensation in a sum of Rs.11 lakh.
(2.) It was pleaded in the claim application that the victim, aged 28 years, was employed as a helper of a bus bearing registration no. WB-29A/0881 (hereafter the said bus) owned by a Farida Begum. On 30th July, 2012 at about 9.00 a.m., the said bus was parked near Rajgoda on the morrum portion of NH-41. The victim was in the process of replacing a flat tyre of the said bus when a bus bearing registration no. WB- 29/3038 (hereafter the offending bus), coming from Mechheda side, dashed the victim as well as the said bus with great force. Because of the impact, the victim suffered severe multiple injuries on his body, especially the head. He was immediately taken to Purba Medinipur District Hospital at Tamluk where he passed away after some treatment.
(3.) The owner of the offending vehicle and its insurer were impleaded as opposite parties 1 and 2 respectively, in the claim application.;