( 1 ) THE instant appeal is directed against the judgment dated 18. 5. 2002 passed by the Judge, M. A. C. T. , 2nd Court, Bankura in a proceeding under section 166 of the Motor Vehicles Act registered as Motor accident Claim Case No. 26/99 / 157/97

( 2 ) THE claimant/petitioners Bidur Banerjee and two of his minor children made the application on 20. 11. 97 praying for compensation to the extent of Rs. 5 lacs on the allegation that on 9. 11. 96 at about 1 p. m. Hansi Chatterjee (Banerjee), the deceased, the wife of the petitioner Bidur and mother of the other petitioners was proceeding on foot towards Bishnupur through radhanagar. From Bishnupur side suddenly a truck No. WBI-7191 came at an excessive speed and the victim was run over by such vehicle causing severe injuries on her vital parts of the body. After the accident, the victim was referred to Bishunupur Sub-Divisional Hospital where she succumbed to her injuries at about 2 p. m. on the same day. The petitioners have filed the application on the specific allegation that the accident took place due to rash and negligent driving of the offending vehicle, on a further allegation that the victim at the time