- (1.) This appeal, filed by the appellants/claimants, is against a Judgment and Award dated 27th August, 2012 passed by the Motor Accident Claim Tribunal, 4th Court, Jalpaiguri in a claim application under Section 166 of the Motor Vehicles Act, 1988 being M.A.C. Case 76 of 2011. By the judgement and award under appeal, the learned Tribunal awarded total compensation of Rs.16,88,064/- on account of the death of the victim Dayanidhi Adhikari, who was killed in an accident involving vehicle no. WB-74-M-0349 owned by the respondent no. 2 (Aninda Chakraborty) and covered by a policy of insurance issued by the respondent no.1, the National Insurance Company Limited (hereinafter referred to as the "Respondent/Insurer").
(2.) The claimants, five in number are the wife, mother and three unmarried daughters of the deceased victim, who, it is claimed, were totally dependent on the victim.
(3.) In course of the proceedings in the learned Tribunal three witnesses were examined on behalf of the claimants and one witness was examined on behalf of the respondent/insurer namely the driver of the vehicle, who deposed that the accident was not due to the fault of the offending vehicle but due to the fault of the bike. The learned Tribunal on analyzing the evidence found that the driver of the offending vehicle was plying the vehicle rashly and negligently for which the accident took place and the offending vehicle was at the time of accident covered a valid insurance policy, particulars of which have been noted in the judgment and award under appeal.;