Indira Banerjee, J. - (1.) This appeal is against a judgment and order dated 30th August, 2011 passed by the Motor Accident Case Tribunal, Additional District and Sessions Judge, 5th Fast Track Court, Malda, in MACC No. 227 of 2010 being an application for compensation filed by the appellant claimants under Sec. 166 of the Motor Vehicles Act, 1988 on account of the death of one Md. Majibur Rahaman in an accident caused by a truck No. WB73A -4580, owned by one Mamtaj Sk., the respondent No. 2 and covered by a policy of insurance issued by the Reliance General Insurance Company Ltd., hereinafter referred to as the insurer.
(2.) By the judgment and award under appeal, the learned Tribunal awarded the claimants compensation of Rs. 6 lakhs along with interest at the rate of 8 percent per annum from the date of filing of the claim application on 9th August, 2010 till satisfaction of the awarded amount, as against Rs. 20 lakhs claimed by the appellant claimants along with interest at the rate of 12 percent per annum.
(3.) It appears that on 13th July, 2010, at about 9:30 A.M, Md. Majibur Rahaman, the victim of the accident, was proceeding towards Budhia Madrasa on his motor cycle, when his motor cycle was hit by the offending truck which was coming from the opposite direction. According to the appellant claimants, the accident took place due to rash driving and negligence on the part of the driver of the truck.;