JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimant against the judgment and award dated 3rd December, 2014, passed by the learned Motor Accident Claims Tribunal, Durgapur, in MAC Case No. 38 of 2011, under Section 163A of the Motor Vehicles Act, 1988.

2. Facts :-

“On 16.11.2010 at about 10 p.m. in the night Ram Ruidas was returning his home from Kirti Ceramics after completion of his days work through mud road besides Trilokchandrapur- Debsala Road. Suddenly, near a factory gate, one motor cycle bearing no. WB-40R-3902 coming with a high speed dashed him from behind and as a result thereof Ram Ruidas fall on the road and immediately after the accident, local people shifted him to S.D. Hospital, Durgapur and thereafter, on 17.11.2010, he was referred to Burdwan Medical College & Hospital and as per advice of doctor he was transferred to S.S.K.M. Hospital, Kolkata where he died on 21.11.2010 at p.m.

A police case was registered at Kanksa P.S. being no. 176/10 dated 24.11.2010 u/s 279/304A of I.P.C. and the post mortem was held at S.S.K.M. Hospital dated 23.11.2010. It is also stated that due to sudden death of Ram Ruidas, his family members sustaine