JUDGMENT :

Ananya Bandyopadhyay, J.

1. Four legal heirs of deceased Santosh Gope filed an application under Section 166 of the M.V. Act in the Court of Motor Accident Claims Tribunal, Additional District and Sessions Judge, 2nd Court, Asansol being MAC Case No.40/2016, claiming an award of Rs.5 lakhs along with interest whereby the aforesaid deceased expired due to a road traffic accident on 11.01.2013.

2. The offending vehicle, a truck bearing Registration No. WB-37C-6511 hit the aforesaid deceased approaching in a rash and negligent manner near Majia High School in front of Sanchit Gope’s tea stall on NH-60.

3. Consequently, the victim was declared to have expired at Bankura Medical College and Hospital.

4. Subsequently, based on a written complaint, Mejia P.S. Case No. 20/2014 dated 14.03.2014 under Sections 279/304A of the Indian Penal Code was instituted against the driver of the offending truck as aforesaid.

5. The owner of the offending vehicle did not appear before the Court to contest the MAC case No.40/2016 in the Court of Motor Accident Claims Tribunal, Additional District and Sessions Judge, 2nd Court, Asansol.

6. The respondent, the New Indian Assurance Company Ltd. contested