JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant First Miscellaneous Appeal has been filed by the appellants/claimants against the judgment of dismissal of a Motor Accident Claim Case No. 134/299/2006 dated 29.11.2007 filed under Section 166 of the Motor Vehicles Act on account of the death of one Subhas Ch. Ruidas Alias Subhas Ruidas by the Court of Learned Additional District Judge, Fast Track Court, 1st Court, Burdwan.

2. The brief facts of this case are as under:

2a. On 05.10.2005 at about 9.20 pm when the victim was returning towards his home at Tatarpur and was moving on a bi-cycle towards east from west along the northern side of kancha flank of the G.T. Road. He was suddenly dashed by one Mini Truck bearing No. WB 41B/2371 from back side, which was coming in a rash and negligent manner and endangering to human life and safety through the G.T. Road. As a result, the victim sustained grievous injuries and he was removed to Memari Hospital. However, the victim died on his way to hospital. At the time of accident, he was 28 years old and he was a carpenter-cum-hoarding and glow-sign maker. He used to earn Rs. 7,000/-per month. Appellants/claimants being the legal heirs/representativ