JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimant against the Judgment and Award dated 6th day of August, 2015 passed by the Learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunal, 2nd Court, Balurghat, Dakshin Dinajpur (hereinafter called as the learned Tribunal Judge) in M.A.C. Case No. 168 of 2011, under Section 163A of the Motor Vehicles Act, 1988.

2. The Facts:-

“The victim boy Saiful Mondal @ Chhayful Mondal, since deceased, was the son of the present claimant/petitioner namely Samchhun Bibi and that at the time of the accident the victim was 20 years old and was a businessman and that on 11.10.2011 at about 18.30 hrs. the victim was coming from Gangarampur side towards his house riding a motor-cycle bearing No.W.B.-62B/4256 (Motor Cycle) and when he reached at Chalun, he lost his control over the Motor-cycle due to bad condition of the road and victim capsized on the road with his motor-cycle and due to said accident he got seriously injured and was removed to the Balurghat District Hospital but there the victim Saiful Mondal @ Chhayful Mondal died on the next day.”

3. O.P. No. 1, Najrul Islam Mondal (father of the vi