( 1 ) THIS appeal is against the judgment and order dated 26th May, 2000, passed by the Learned Judge, Motor Accidents Claims Tribunal, Burdwan, dismissing the application of the appellants for compensation under section 163a of the Motor Vehicles Act, 1988, being MAC Case No. 180 of 1998.

( 2 ) THE facts giving rise to this appeal are briefly as follows:-one, Monoj Kumar, hereinafter referred to as the victim, was the driver of truck bearing the Registration No. HR 29/ga-0549, of which the Respondent No. 2 is the owner. The said truck No. HR 29/ga-0549 was covered by a policy of insurance issued by the Respondent No. 1, which included third party risks.

( 3 ) THE victim was, as driver of the said truck No. HR 29/ga-0549, driving the said truck from Sahapur to Kolkata. On the way, the victim had to stop the said truck No. HR 29/ga-0549 on Grand Trunk Road, near the Rasulpur level crossing in Burdwan district.

( 4 ) A speeding truck from the opposite direction, the Registration number of which could not be noted (hereinafter referred to as the unknown truck) hit the truck No. HR 29/ga-0549 causing damage to the said truck and also injuring the victim.

( 5 ) IN t