Jayanta Kumar Biswas, J.

The Insurance Company is the appellant. It is aggrieved by an award of the Motor Accident Claims Tribunal, Durgapur dated 8th September, 2003 ordering it to pay Rs. 50,000 Section 140 compensation with 9% p.a. interest.

2. Notice of appeal was duly served on the claimants. Records reveal that they entered appearance through one Mr Subrata Bhattacharya, Advocate. The appeal was taken up for hearing Yesterday. Since Mr. Bhattacharya was absent, hearing was adjourned for giving the claimants another opportunity of contesting the appeal. For reasons known to him, Mr. Bhattacharya is absent today was well. We do not find any reason to adjourn the hearing again.

3. The parents and an unmarried sister of one Shib Shankar Ghosal filed an application before the Claims Tribunal under Section 140 of the Motor Vehicles Act, 1988 on 27th August, 2001. Their case was this:-

"Shib Shankar (26) was a businessman. His motorcycle No. WB-40E-4561 was covered by a valid policy issued by the Insurance Company. Riding the motorcycle he was coming from Bolpur towards Durgapur on 24th December, 2000 when a rashly and negligently driven truck coming from the opposite directio