- (1.) THE claimants are the appellants in this appeal. They are aggrieved by an award of the Motor Accidents Claims Tribunal, Paschim Medinipur dated September 25,2007 in MAC Case No.773 of 2004.
(2.) THE claimants filed an application under s.166 of the Motor Vehicles Act, 1988 in the claims tribunal on October 12,2004. They claimed fault liability compensation as the wife, the minor son and daughter, and the mother of one Biswanath Dhara of Lakshisar in Paschim Medinipur.
(3.) CASE stated in the s.166 application is as follows. On the night of August 1,2004 at about 12 -30 midnight Biswanath was killed in an accident caused by a truck No. WB -29 -1396 driven rashly and negligently. At the date of accident Biswanath was thirty -four and was earning Rs.7,000( approx.) per month as a constable in GRPS. At the time of accident there was in force an insurance policy issued by the insurance company in relation to the use of the truck. Hence owner of the vehicle and the insurance company became liable to pay them Rs.10 lakh compensation. The insurance company contested the case by filing a written statement. It denied and disputed and correctness of all the material allegations. In proof of the case the claimants examined: PW1 the victim s wife; PWs 2 and 3 two eyewitnesses to the accident; PW4 a police SI from Kharagpur GRP. The claimants exhibited inter alia the victim s last pay certificate, which was marked Ex7. The insurance company did not give any evidence.;