Pradyot Kumar Sen, J. - (1.) This appeal is at the instance of the Insurance Company and is directed against an award by Sri T. K. Ghosh, Judge, Motor Accident Compensation Cases, Tribunal Alipore in M.A.C.C. No. 65/99.
(2.) The respondent Nos. 1, 2 and 3 filed two applications, one under Section 140 and another under Section 166 of the Motor Vehicles Act claiming compensation. In 166 proceedings, the amount of compensation asked for was Rs. 2,00,000/-. The allegations made thereunder that they are the legal heirs of Smt. Anjali De, who died as a result of road accident on 27.11.95 at about 5.45 p.m. and such accident was caused by mini bus bearing No. WBR 2555 which was coming at a high speed and collided with the rickshaw in which Smt. De was travelling. As a result, the victim had fallen on the road and she was run over by the offending vehicle. Consequently, the victim sustained severe injuries on her person and died on the spot.
(3.) In contesting the claim of the claimants, the present appellant which was O.P. No. 2 before the trial Court denied all the allegations and their case is that the claim was not maintainable. Their further case was that it was not covered by a valid policy of insurance at the material point of time and, therefore, the appellant is not liable for any compensation.;