ASHA ARORA,J. - (1.) This appeal under Section 173 of the Motor Vehicles Act, 1973 (hereafter the Act), at the instance of the widow, mother and three children of the victim of a road traffic accident, is directed against the award dated 29th April, 2006 passed by the Motor Accident Claims Tribunal-cum-Additional District Judge, 5th Court, Burdwan (hereafter the tribunal) in M.A.C. Case no. 161 of 2004, renumbered as 50 of 2005. The said case was registered on an application under Section 166 of the Act, which was presented before the tribunal by the appellants on the death of the victim on 12th March, 2004 in an accident that occurred on Burdwan-Katwa road. While the victim was standing by the side of the road, a motor car bearing no. WB-37/7303 coming from Katwa side with high speed dashed the victim who suffered multiple injuries on his person. He was shifted to Burdwan Hospital, where he subsequently died.
(2.) It was the specific allegation of the appellants that the accident took place due to rash and negligent driving of the offending vehicle and that the owner of the offending vehicle and/or insurer thereof are jointly and severally liable to compensate the appellants in a sum of Rs. 7,50,000.00.
(3.) The tribunal, considering the oral and documentary evidence placed before it, arrived at a finding that the appellants are entitled to Rs. 2,50,000.00. The claim of the appellants that the victim was earning Rs. 4,000.00 per month as a lottery ticketseller was dis-believed by the tribunal. The loss of dependency was calculated by the tribunal by referring to the Second Schedule appended to the Act, which provides Rs. 15,000.00 per annum to be reckoned as income for a non-earning person. The tribunal also did not add any amount on account of future prospect of the victim as well as declined to grant any interest on the compensation determined by it.;