Judgment :

Biswaroop Chowdhury, J.

The Appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 26-08-2022 passed by Learned Additional District Judge 2^nd Court Asansol Paschim Bardhaman in MAC Case No-52 of 2016. The respondent no-1/claimants also being aggrieved by the Judgment and Award passed by the Learned Trial Judge has filed a cross objection.

The case of the respondent no-1/claimant before Learned Trial Court may be summed up thus:

On 28/06/2015 at about 17.35 hrs, the victim Suresh Keora was going towards Kulti side from his working place i.e. Kumarpur of Asansol through G.T. Road by riding his Motor Cycle bearing No-WB/44C-0921, in his left side of the road with moderate speed. When he reached near New Road of Neamatpur, under P.S. Kulti at that time, another Motor Cycle bearing No- WB/38J-9128, which was also proceeding in a same direction dashed the side Motor Cycle, from its’ back rashly and negligently, with high speed. As a result of such accident the victim fell down by the side of the road from the Motor Cycle and sustained multiple grievous bleeding injuries all over the body and head as evident from P.M. report. Soon after the accident the nearby persons have arranged to sent the victim to Astha Hospital Asansol for better treatment. Due to non-availability of the expert doctor the victim was shifted to Vivekananda Hospital Private Limited, Durgapur where the victim succumbed to his above injuries on 02/07/2015.

Thereafter the P.M. examination was done by the Autopsy surgeon S.D. Hospital Durgapur vide NTS. P.S. UD case No. 294/2015 dt. 03/07/2015.

The victim had no fault at all for this accident and it actually took place due to the fault of the driver of the Motor Cycle no-WB-/38J-9128.

The victim was very energetic person having good and sound physique. The victim was a permanent employee of Bharat Sanchar Nigam Limited (A Govt. of India Enterprise) as a Regular Mazdoor. The victim would have bright future in his service carreer if he would have been alive. Due to such accident the claimants/petitioners have suffered irreparable loss, which cannot be compensated by way of money but the amount claimed will help them to survive.

Pursuant to filing of the claim case notice was issued upon the opposite parties. Opposite Party National Insurance Company contested the case by filing written statements. Opposite Party vehicle owner although filed written statement but did not contest the case. ISSUES were framed and evidence was adduced. Learned Trial Court upon perusing the evidence and hearing the Learned Advocates was pleased to dispose of the claim case by observing and directing as follows:

Hence it is ORDERED that the MAC case No. 52 of 2016. (15 of 16) CIS Regd. No. 86 of 2016 be and the same is allowed on contest without any cost against the OP no. 2./National Insurance Company Ltd. and ex-parte against the O.P., No. 1 the owner of the offending vehicle being No. WB/38-J-9128.

The claimant do get an award of Rs. 22, 59, 616- (Twenty Two Lakh Fifty Nine Thousand Six Hundred Sixteen only) in this proceeding subject to deposit of deficit Court fee.

The OP no-2 National Insurance Company Ltd. the Insurer of the offending vehicle being No. WB/38J-9128 is directed to pay the compensation of Rs. 22,59,616/- (Twenty Two Lakhs Fifty Nine Thousand Six Hundred Sixteen only) to the claimant/wife i.e. petitioner no. 1 and her daughter i.e. petitioner no. 2 by two account payee cheques of Rs. 11,49,808/- to the petitioner no. 1 being the spouse of the deceased and Rs. 11,09,808/- to the petitioner no. 2 being the daughter of the deceased through the Tribunal within two months hereof with the interest at the rate of 6% per annum on the amount of compensation from the date of filing of application till realization in full subject to deposit of deficit court fees.’

The Appellant National Insurance Co. Ltd. being aggrieved by the Jud