Feeling dissatisfied with the judgment and award dated 23.05.2016 passed by the learned Member, Motor Accident Claims Tribunal, Court No.3 West Tripura, Agartala in Case No. TS. (MAC) 181 of 2014, the appellant-Insurance Company has preferred this appeal.

2. The background facts of the case in a nutshell are :-

One Sukhendu Sarkar and his mother, Namita Sarkar died in a motor accident when they were travelling by a moter cycle on 01.09.2013 due to the rash and negligent driving of one Commander Jeep bearing No. TR.01/A-3324 which was insured with the appellant-United India Insurance Company Limited. The accident is admitted. Due to their death, Sishir Sarkar, who is the father of Sukhendu Sarker and husband of Namita Sarkar, filed a claim application along with Sri Sukanta Sarkar the son of Namita Sarkar and the brother of Sukhendu Sarkar under Section 166 of the M.V. Act. The learned Tribunal has awarded Rs. 34,15,000/-(Rupees thirty four lakhs fifteen thousand) along with interest @ 9 % per annum from the date of institution of the claim application before the Motor Accident Claims Tribunal.

3. The main challenge in this appeal is that the father and brother i.e