- (1.) This appeal, filed by the claimants is against a judgment and award dated 31st March, 2007 passed by the Motor Accident Claims Tribunal, Additional District and Sessions Judge, 5th Fast Track Court, Malda in an application under Section 166 of the Motor Vehicles Act, 1988, hereinafter referred to as the "M.V. Act", Motor Accident Claim Case No.234 of 2004, awarding compensation of Rs.7,00,000/- to the claimants along with interest at the rate of 5 percent per annum from 1st August, 2004 till full payment.
(2.) On 23rd February, 2004 the victim Sadananda Mishra, since deceased, hereinafter referred to as "the victim", was travelling from Malda to Calcutta by a North Bengal State Transport Corporation bus. At about 05:30 hrs. when the bus was standing at the side of NH 34 near Awalsiddi More, a truck bearing registration No. WB-25A/0927, owned by the respondent No.2, hereinafter referred to as the respondent owner and covered by a policy of insurance issued by the respondent No.1, hereinafter referred to as the respondent insurer, which was being driven in a rash and negligent manner, hit the stationary bus from the back, as a result of which the victim who was standing in front of the bus was killed on the spot.
(3.) The claimant appellants being the wife, the mother and the minor daughter of the victim, represented by her mother, filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.20,00,000/-, along with interest at the rate of 12 percent per annum from the date of the application till full realisation thereof from the owners/insurer.;