JUDGMENT :

Shekhar B. Saraf, J.:

1. This is an application arising out of an appeal against an award dated 22nd March, 2017 passed by the Learned Judge, Motor Accident Claims Tribunal, 3rd Court, Barasat, North 24 Parganas in MAC Case No. 308 of 2002 under Section 166 of the Motor Vehicles Act, 1988. By consent of parties the stay application and the appeal were taken up together for hearing. The appellant herein is the National Insurance Company, the insurer of the offending vehicle that resulted in the death of the husband of the petitioner/ respondent no. 1. The other claimants are the minor son and mother of the deceased.

2. The chronological events leading to this appeal are as follows:

a. On August 3, 2001, at around 6.30 a.m. in the morning the victim Tarun Acharya and his two companions namely, Sajal Das and Debu Singh were travelling in an ambassador car bearing No. WB – 02/1605 through Jessore Road from Habra to Dumdum Cantonment. While they were on the road a lorry bearing no. WB-25/0373 collided head on with the ambassador, as a result of which, the victim sustained fatal injuries all over his body. He was immediately taken to the Barasat District Hospital where he succumbe