Harish Tandon, J. - (1.) The instant appeal arises from an award dated 20th March, 2018 passed by MACC Tribunal, Fast Track, 1st Court, Asansol in MACC no. 22 of 2016.
(2.) The proceeding U/s 166 of the Motor Vehicles Act was launched by the mother of the deceased who died in a road accident on 30th August, 2013. The victim was geophysicist having a degree in Master of Science technology in applied geophysicist from the Indian School of Mines. He was employed in Mining Associates Pvt. Ltd at Asansol and suffered fatal injury at about 7:00 A.M on 30th August, 2013 while walking on extreme left side of Kalla Bye Pass road, Asansol where a maruti van driven in rash and negligent manner dashed him. He was shifted to the hospital by the local people and was declared dead. The mother of the victim stated in the petition that the said victim was earning Rs.50,000/- per month and was the sole bread earner of the family.
(3.) The claim petition is resisted by the insurance company taking multiple defences. It is asserted that it is a case of hit and run and, therefore, there was no involvement of the offending vehicle. Secondly, it is stated that the driver of the offending vehicle did not have the valid driving licence at the time of alleged accident nor the vehicle had a valid route permit.Apart from the aforesaid defence there is a bare denial of the employment of the victim with the said company as also the monthly income.;