Protik Prakash Banerjee, J. - (1.) This is an appeal from the award dated April 30, 2014 passed by the learned Judge, Motor Accident Claims Tribunal cum Additional District Judge, Fast Track Court, Raiganj in M.A.C. Case No. 132 of 2012. It was an application under Section 166 of the Motor Vehicles Act, 1988, by the dependent legal representatives and legal heirs of the deceased victim of a motor accident. The claimants/respondents No.1, 2 and 3 are the dependent widow, the minor son and the mother, respectively of the deceased. The respondent No. 4 is the owner of the offending vehicle found by the learned tribunal to have registration No. W.G. L. 1616.
(2.) Even though the learned tribunal recorded in the judgement and award under appeal that the respondent owner, as opposite party No. 1 before it, had filed a written statement in the case, the record does not show any such written statement filed by the respondent No. 4 and there is also no order available in the order-sheet or the lower-court records, as would substantiate such recording. We proceed then, on the basis of the records that the respondent No. 4 did not file any written statement.
(3.) The case made out by the claimants/respondents by their application is at variance with the report of the accident being the first information report registered at the jurisdictional police station Chakulia, which too, under Section 166(4) of the Act of 1988, is to be treated as an application for compensation under the Act.;