JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimant against the original order and award dated 30.06.2014 passed by Judge, Motor Accident Claims Tribunal, 3rd Court at Alipore, District – South 24 Parganas, in M.A.C. Case No. 34 of 2009/ M.A.C.C. No. 18 of 2013, under Sections 166 of the Motor Vehicles Act, 1988.

2. FACTS :-

“On 02.12.2002, while the victim Ashoke Ghosh along with Bhim Ghosh, Krishna Mohan Ghosh and Biswajit Ghosh was returning after attending a marriage ceremony (Bhowbhat) on foot following the extreme western side non-metal led portion of the Diamond Harbour Jagannathpore road near Jagannathpore more, the driver of the offending vehicle bearing registration number WB-19A-5739 was proceeding with his vehicle in a rash and negligent manner and thereby dashed against the Pedestrians namely Krishna Mohan Ghosh, Ashoke Ghosh, Bhim Ghosh and Biswajit Ghosh and they sustained severe injuries on their person causing permanent disablement. Rash, reckless and negligent driving of the driver of the offending vehicle (Tata 407) was the sole and direct cause for this pathetic accident which could have been easily avoided had the driver been