JUDGMENT :

Subhendu Samanta, J.

1. The instant appeal has been preferred against the judgment and order dated 23rd May, 2011 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Burdwan in MAC Case No. 77/95 of 2007.

2. The present claimants being the appellants have preferred the claim application under Section 166 of the M.V. Act before the learned tribunal. The claim case was contested by the Insurance Company before the learned tribunal by filling written statement.

3. After hearing the parties and after receiving the evidences the learned tribunal has awarded a sum of Rs.3,93,500/- towards the compensation and directed the owner i.e. the owner of the offending vehicle i.e. the respondent No. 2 herein to pay the compensation. Being aggrieved by and dissatisfied with the said award the present claimants/appellants have been preferred this instant appeal.

4. It is the contention of the learned advocate for the appellants that the learned tribunal has erroneously directed the owner of the offending vehicle to pay the compensation on the ground that the deceased was a gratuitous passenger, consequently Insurance Company had no liability to pay. He argued that by virtu