- (1.) The present First Miscellaneous Appeal is directed against the order passed on 05.10.2007 by the Motor Accident Claim Tribunal, 4th Court at Burdwan, in M.A.C. Case No. 112 of 2006/ 323 of 2006.
(2.) One Mala Das along with her minor daughter and parents-in-law filed the Motor Accident Claim Case against Md. Samsul Haque and New India Assurance Company Ltd. alleging that on 26.05.2006 at about 10 O-clock at night while their predecessor-in-interest Late Ajoy Prakash Das was standing on the flank of the G.T. road in front of 'Bishalakshmi Petrol' Pump, a Tata Sumo vehicle bearing No. WB 42E/1200 suddenly appeared there and knocked down Ajoy Prakash Das, due to which Ajoy Prakash Das sustained serious injuries and he ultimately succumbed to his injuries. It is further alleged that the rash and negligent driving of the vehicle was the cause of the accident and hence the claimants claimed compensation from O.P. No. 1 who happened to be the owner and O.P. No. 2 the insurer of the aforesaid offending vehicle. It was the further case of the claimants that the deceased was aged about 37 years at the time of the accident and monthly income of the deceased at that time was Rs. 7,200.00 (rupees seven thousand two hundred only).
(3.) The O.P. No. 1, in the Tribunal, the owner of the alleged offending vehicle, submitted his written statement but he had not ultimately contested the case.;