JUDGMENT :

Ajay Kumar Gupta, J:

1. This instant First Miscellaneous Appeal has been filed by the appellants/claimants challenging the judgment and award dated 13th December, 2006 passed by Learned Judge, Motor Accident Claims Tribunal, Paschim Medinipur thereby the learned Tribunal dismissed the MACC Case No. 739 of 2000 filed under Section 166 of the Motor Vehicles Act, 1988 on account of death of victim on contest against the Oriental Insurance Company Ltd. and ex parte against the owner of the offending vehicle.

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

On 27.04.1999 at about 20.15 hours petitioners’ sister Rajia Bibi and others were returning their home along the left side of N.H.-6 after witnessing Muharram festival. At the same time, a truck bearing registration no. WB-29/2769, coming from Panskura side at high speed in rash and negligent manner and endangering human life and safety suddenly dashed her from the back side with great force. She sustained serious injuries and died enroute during removal to the hospital. A written complaint was lodged on the same day resulting in registration of Panskura P.S. Case No. 54/99 dated 27.04.1999 under Sections 279/337/338/427 IPC and