BHAGABATI PROSAD BANERJEE, J.

( 1 ) THIS is an appeal filed by the Oriental Insurance Co. Ltd. against the order dated 13/12/1989 passed in M. A. C. Case No. 291 of 1987. By the said order the Motor Accident Claims Tribunal Jalpaiguri allowed the application filed under S. 92a of the Motor Vehicles Act by which the said Tribunal directed the claimant/opposite party to pay a sum of Rs. 7500. 00 for the loss of right leg of the victum due to motor accident, inasmuch, as, a question of law has been raised in this appeal. We have decided to dispose of that question of law at the very outset by our order dated 12/08/1981. We have decided to adopt this course of action because of the action that the victim had died and his mother was substituted in place and stead of the deceased victim and if the notice was issued, in that event, the mother of the victim may not be in a position to appear and defend this case, that is why, we appointed A. B. Majumder learned Advocate as Amicus Curiae and we should decide the question first, if necessary issue notice.

( 2 ) THE fact in short is that Mahesh Roy was a labourer attached to Truck No. NIN 3054. On 9/07/1987 when he was on the truck and when

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