JUDGMENT :

DIPANKAR DATTA, J.

1. MAC Case No. 112 of 2010, registered on an application under Section 166 of the Motor Vehicles Act (hereafter the 1988 Act), was decided by the Motor Accident Claims Tribunal, Alipore, South 24 Parganas (hereafter the MACT) by an award dated June 27, 2012. The claimants in such case have carried the said award in appeal before us under Section 173 of the 1988 Act.

2. The husband of the appellant no. 1 and the father of the appellants 2 and 3 (hereafter the victim) in the evening of February 4, 2005, was walking down Deshapran Sasmal Road, Kolkata from south to north direction. He was knocked down by a Tata Sumo (hereafter the offending vehicle) from behind, which allegedly was being driven at a tremendous speed. The victim sustained severe injury on his person and was immediately taken to M. R. Bangur Hospital, whereafter he was shifted to National Medical College and ultimately admitted at Woodlands Nursing Home (hereafter Woodlands). The victim was discharged from Woodlands on April 20, 2005. As a result of the injury suffered on the head togethe