JUDGMENT :

Bibhas Ranjan De, J.

1. Being aggrieved by and dissatisfied with the Judgment and Order dated 30.05.2009, passed by Ld. Judge, Motor Accident Claim Tribunal, Katwa, Burdwan in connection with MAC Case No. 120 of 2005 under Section 163A of the Motor Vehicles Act, 1988, this appeal has been preferred on the ground that the Ld. Tribunal could not appreciate the evidence and documents available on record and came to his erroneous findings.

2. The Motor Accident Claim Case no. 120 of 2005 arose out of an application under Section 163A of the Motor Vehicles Act, 1988 on account of accidental death of Raju Roy, son of late Rama Kanta Roy, aged about 39 years and an employee of the vehicle involved in the accident. On 21.01.2005 at about 11.30 a.m. said Raju Roy was travelling by the truck bearing no WB-57-7657 which was moving rashly and negligently towards Nagar and near Tentultala bus stand the said truck lost its control and capsized. As a result, passengers travelling by the truck sustained injury. One Subhodip Ghosh died at the spot and Raju Roy among other injured passen