The appellant before this Court was a claimant in claim under Section 166 of the Motor Vehicles Act, 1988 and is aggrieved by the Judgment and award dated 19.05.2022 passed by Learned Additional District Judge, Fast Track, 3rd Court, Paschim Medinipur in MAC Case No. 34 of 2015.

The case of the appellant/claimant before the Learned Trial Court may be summed up thus:-

On 23.12.2014 at around 10.30 PM when the deceased was standing on footpath for going to his home from his place of work by foot near Ramjungla Para one motor cycle WB-30K/3073 which was coming with high speed and in rash and negligent manner dashed the deceased as a result of which the deceased sustained injury and died on spot.

The accident took place solely due to rash and negligent driving of the driver of the offending vehicle. Over the incident a complaint was lodged before the Police Authority and case was instituted under Section 279/304A of the Indian Penal Code against the driver of the offending vehicle.

The deceased was a goldsmith and he used to earn Rs. 30,000/- per mensem. The claimant no. 1 is the mother of the deceased, whereas the claimant no. 2 is the father of the deceased. They were dependants upon the