JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal is preferred against a judgment and award dated 6th January 2014 passed by the Learned Judge, Motor Accident Claims Tribunal 1st ADJ Alipur, in MAC Case No. 3 of 2009.

2. The brief fact of the case is that the present respondent filed an application u/s 166 of Motor Vehicles Act before the Learned Tribunal for getting compensation on the ground that her only unmarried son Lalu Roy alias Debu Roy died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance company.

3. During the pendency of the claim application, claimant expired and the present respondent was substituted at his place. The claim case was contested by the Insurance Company by filing written statement. After hearing the parties and after receiving evidences the Learned Tribunal has awarded a sum of Rs. 1,24,500/-in favour of the claimant and directed the Insurance Company to pay the compensation.

4. Being aggrieved by and dissatisfied with the said award the present appeal has been preferred by the Insurance Company. The claimant also preferred one cross-appeal being COT 43 of