JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal has been preferred against the judgment and awarded dated 7th March, 2007 passed by the learned Judge, Motor Accident Claims Tribunal, 1st Court, Suri, Birbhum in MAC Case No. 68 of 2005.

2. The brief facts of the case is that the present respondents being the claimants have preferred an application before the learned tribunal under Section 163-A of M.V. Act for getting compensation on the ground that their predecessor was died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company. The claim case was contested by the Insurance Company by filling written statement.

3. After hearing the parties and after receiving the evidences the learned tribunal has awarded a sum of Rs. 3,17,840/-towards compensation in favour of the claimants.

Being aggrieved by and dissatisfied with the said award, the Insurance Company has preferred the instant appeal.

4. The learned advocate for the Insurance Company submits that the award passed by the learned tribunal is not at all justified because of the fact that the deceased was a pillion rider of Mophed whi