JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal has been preferred by the Claimants against the judgment and award dated 10.9.2008 passed by the Judge, Motor Accident Claims Tribunal, 3rd Fast Track Court, Cooch Behar in Motor Accident Claims Case No. 66 of 2003, under Section 166 of the Motor Vehicles Act, 1988.

2. The facts as stated by the claimants:-

“On 21.06.2002, when the victim was returning to his house from Tufanganj on his bi-cycle through Salbari P.W.D. road, at that time, at about 8.30 P.M. there was an accident and a motor vehicle knocked down the victim from behind and the vehicle in question fled away. As a result the victim sustained grave multiple injuries in his person and was admitted at S.D. Hospital, Tufanganj where he died. The said accident occurred due to rash and negligent driving of the driver of the said offending vehicle. The victim was an educated boy having passed 12 examination in 1990. He was 34 years old, having good health and he was the only earning member of his family.

The claimants have prayed for an award of compensation of Rs. 4,56,192/- (Rupees Four Lakh Fifty Six Thousand One Hundred Ninety Two) only. The offending vehicle was N