Satyabrata Sinha, J. - (1.) This appeal is directed against a judgment and award dated 11.1.88 passed by B.U. Mukhetjee, Judge, Motor Accident Claims Tribunal is Misc. (M.A.C.) Case No. 238 of 1981, whereby and whereunder the said Tribunal awarded a sum of Rs. 67,200/- by way of compensation for death of one Badal Bagchi in favour of his mother the respondent No. 1 by the appellant. The fact of the matter is not in dispute.
(2.) The deceased Badal Bagchi was travelling in Mini Bus No. WGB 3310 on 24.8.81. It met with an accident, as a result whereof the deceased suffered severe injuries and ultimately died in the hospital. The claim petition was filed by the claimant-respondent No. 1 in terms of Section 11O-A of the Motor Vehicles Act, 1939. The owner of the said Bus did not appear. The aforementioned claim case was contested by National Insurance Company. The accident claim tribunal in view of the pleadings of the parties framed the following issues:- 1. Is the application maintainable ? 2. Was the death caused by the alleged accident due to rash and negligent driving of the offending vehicle ? 3. If the petitioner is entitled to get any compensation? If so, for what amount?
(3.) The learned Tribunal upon considering all evidence on record, inter alia, held that the claimant is entitled to a compensation of Rs. 67,200/-. The learned Tribunal directed that out of the aforementioned amount. Rs. 50,000/- shall be converted in N.S.C. VIth Issue so as to protect the petitioner as she was a lady and the rest amount including interest shall be paid to her in cash or by cheque as per procedure.;