Jayanta Kumar Biswas, J.

The three appellants are aggrieved by an award of the Motor Accidents Claims Tribunal, Paschim Medinipur dated October 5, 2005 rejecting their claim for compensation under s.140 of the Motor Vehicles Act, 1988.

2. The appellants filed an application under s.166 claiming fault liability compensation. Then they filed an application claiming compensation under s.140. Their case was this. The victim was their sister-in-law. The accident happened on July 29, 2000. The offending vehicle (lorry) driven rashly and negligently hit the ambassador car in which the victim, her husband and her only minor daughter were travelling. It killed all the three.

3. The insurance company contested the s.140 claim by filing a written objection. The claims tribunal dismissed the s.140 claim saying as follows:-

"Therefore, the attempt of the petitioners only taking advantage of their relationship with the deceased and having no scintilla of a proof of their dependency on such housewife of that deceased brother, is required to be condemned, and they should not be allowed any amount of such public money under the caption of such proposed statutory compensation."

4. Mr. Banik app