S.B.Sinha, J. - (1.) This appeal is directed against a judgment and award dated 28.3.1996 passed in M.A.C Case No. 219/93 by Sri Milan Chatterjee, Member, A.A.C Tribunal, Hooghly whereby and whereunder the learned Tribunal below has awarded a compensation of Rs. 1,19,000/- in addition to the amount of Rs. 25,000/- granted in terms of section 140 of the M.V Act for the death of one Chandan Mistri who was run over by a lorry bearing No. WMK-2217 insured with the appellant-company.
(2.) The fact that an accident took place is not in dispute. It is also not in dispute that the respondents are entitled to the compensation for death of the deceased Chandan Mistri being his wife, children and mother.
(3.) Before the learned Tribunal below the owner had not contested the case. The objection taken by the appellant was that the deceased was allegedly travelling on the right side foot rest of the driver's cabin violating the Motor Vehicles Rules. On the basis of the pleadings of the parties the learned Tribunal below framed the following issues:- 1. Is the case maintainable in its present form? 2. Did the accident occur for the fault of the driver of the offending lorry? 3. Are the claimants entitled to have compensation from the Insurance Company? 4.To what amount of compensation the claimants are entitled?";