JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal is preferred by the claimants against the judgment of Learned MAC Tribunal, Judge, 2nd Court Suri on 30th July of 2015 in MAC Case No. 76 of 2013 u/s 166 of Motor Vehicles Act. The claimants are the brother and sisters of deceased namely, Bijay Mukherjee who died in a road traffic accident on 2nd of February, 2013. On the fateful day, the deceased was going towards Barosal, Fakirpara by riding a Motor Cycle from Munsuba petrol pump by NH 60, when he reached near Kendia Kata at the time the offending vehicle (Tata Truck) bearing No. WB 37-B/0023 which was driving in a rash and negligent manner with excessive high speed dashed the said victim as a result he received serious bleeding injuries and was shifted to the hospital where he was declared dead. The Insurance Company contested the claim case by filing written statement. The claimants have produced three witnesses before the Learned Tribunal but Insurance Company has not produced any witness. After hearing the parties and after perusing the evidences on record both oral and documentary the learned Tribunal has allowed the claim case in favour of the claimants but directed the op