DEBI PROSAD DEY,J. - (1.) The appellants assail the judgment dated 11th February, 2015 passed by the of learned Principal Motor Accident Claims Tribunal, Nadia in MAC case No. 624 of 2008 whereby and where under learned Judge has dismissed the case under reference on the ground that the claimants could not produce valid documents and insurance policy in respect of the motorcycle bearing registration No. WB-52D/2533. The case of the claimants in brief is that the deceased was proceeding from Krishnagar to Santipur on a motorcycle bearing registration No. WB-52D/2533 and he collided with a vehicle bearing registration No. WMK/9780 (oil tanker) due to rash and negligent driving of such oil tanker by its driver resulting in instant death of Atiyar Ali. At that point of time Atiyar Ali was aged about 29 years and he was an employee of a private company having monthly salary of Rs. 18,126/- . The claimants/appellants have filed such petition under Section 166 of the Motor Vehicle Act, 1988 praying for damages to the tune of Rs. 15,43,680/- for premature motor accidental death of Atiyar Ali and had also prayed for damages to the tune of Rs. 30,000/- towards the damage of the motorcycle.
(2.) The registered owners of the vehicle bearing No. WMK/9780 did not turn up to contest the case despite service of notice. The opposite party No. 2 United India Insurance Company Limited however contested the case by filing written statement where under the insurance company has denied all material allegations contained in the claim petition. The insurance company also took leave of the Court under Section 170 of the Motor Vehicle Act to defend the owner of oil tanker. The opposite party No. 2 has specifically stated that the driver of the oil tanker was not at fault and in fact Atiyar Ali (since deceased) was driving the motor cycle in a rash and negligent manner and as a result of such action on the part of Atiyar Ali such accident took place. The insurance company is therefore not liable to pay any sort of compensation to the claimants.
(3.) Three witnesses namely Arsafulnessa Ali (PW1), Shyamal Pramanik (PW2) and Basab Bijoy Deb, manager of Concentricx Dakhs Service Private Limited (PW3) have been examined by the claimants in order to prove the occurrence as well as the income of the deceased.;