Bhaskar Bhattacharya, J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is at the instance of the claimants and is directed against award dated 2nd August, 2002 passed by the learned Judge, Motor Accident Claim Tribunal, Burdwan, in M.A.C.C. No. 68 of 2007/395 of 2001 thereby dismissing the claim application under Section 163-A of the Act.
(2.) The claimants being the heirs and legal representatives of the victim alleged that the victim was the khalashi of a tractor and while carrying potatoes by a trolley attached to such tractor, the said vehicle overturned and, as a result, the victim died. According to the claimants, the victim used to earn Rs. 80/- a day.
(3.) The proceeding was contested by the Insurance Company thereby denying the material allegations made in the application.;