J. Bhattacharya, Mrinal Kanti Sinha, JJ.

This miscellaneous appeal is directed against the judgment and award dated 19.1.2010 passed by the learned Judge. Motor Accidents Claims Tribunal, 6th Court at Alipur in M.A.C. Case No. 7 of 2008, at the instance of the claimants-appellants. The appellants' application u/s 166 of the Motor Vehicles Act was allowed on contest against the insurance company and ex parte against the rest. The learned Tribunal held that the son of the appellants died in the motor accident on 9.9.2007 due to rash and negligent driving of the offending vehicle bearing No. WB 19-A 4259 by the driver. Though the claimants claimed Rs. 9,00,000 towards compensation for the loss of their son in the said accident but the learned Tribunal allowed the claimants' claim to the extent of Rs. 3,88,500 together with simple interest at the rate of 5 per cent per annum from the date of filing of the application till the date of realization thereof.

2. Appellants are aggrieved as their entire claim was not allowed. The appellants claimed the said compensation amount by contending that their son used to earn Rs. 9,000 per month from his business. At the time of his death th