JUDGMENT :

Bivas Pattanayak, J.

1. This appeal is preferred against the judgment and award dated 27th June, 2018 passed by learned District Judge-cum-Judge, Motor Accident Claims Tribunal, Jalpaiguri in MAC Case No. 15 of 2014 granting compensation of Rs. 58,74,106/- in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988.

2. The brief fact of the case is that on 28th September, 2013 at about 8:45 A.M. while the victim along with his friend Dhruba Narayan Mitra Das was proceeding towards Maynaguri side on a scooter bearing registration no. WB-72A/5325 for their official purpose, at that time the offending vehicle bearing registration no. WB-73B/2296 (truck) in a rash and negligent manner dashed the said scooter from behind. As a result of which, the victim and his friend sustained injuries. The friend of the victim was shifted to Sadar Hospital. The victim was directly taken to Dr. Chang’s Super Specialty Hospital Pvt. Ltd., Siliguri where he was hospitalised from 28th September, 2013 to 24th October, 2013. Since the condition of the victim deteriorated day by day, he was shifted to Neotia Health Care Nursing Home, Siliguri on 24th October, 2013 where he was hospi