JUDGMENT :

Shampa Dutt (Paul), J.

1. The present appeal has been preferred by the claimants against the Judgment and Award passed on 29th November, 2012, by Member, Motor Accident Claims Tribunal and Additional District Judge, 2nd Court, Nadia in MAC Case No. 90 of 2010, under Section 163A of the Motor Vehicles Act, 1988.

2. FACTS :-

“On 30.01.2010 at about 7 a.m. while one Astam Das alias Faring, a mason by profession was coming down the road leading to Krishnanagar from Nabadwip, when he was dashed by a speeding lorry registered as W.B. 37A/0414 which was proceeding towards Krishnanagar from Nabadwip and as a result, Astam Das died on the spot. He was a bachelor and 26 years old young man who used to earn Rs. 40,000/- per annum. It is further contended that police was informed about the accident and Kotwali P.S. Case No. 60/10 dated 30.01.10 was registered. The claimant no.1 being the mother and claimant no.2 sister of the victim are the claimants.”

3. The owner of the offending vehicle did not contest the case while the O.P./Insurer contested the case by filling written objection denying all the material contentions made by the claimants. According to the O.P. /Insurer, the applicat