JUDGMENT :

Shampa Dutt (Paul) , J.

1. The present appeal has been preferred against the Judgment/Order dated 29th June, 2013 passed by the learned Judge, M.A.C. Tribunal, 4th Court, Burdwan, in M.A.C. Case No.33/2011/161/2011, under Section 166 of the M.V. Act.

2. The facts:-

On 25/26.04.2011 on NH-II near Megha Rice Mill and the victim was murdered inside the vehicle No. WB-41/8188 by miscreants. The victim Inad Ali was the driver of vehicle No.WB-41/8188 who started his journey on 25.04.2011 in the forenoon with his truck with a view to load cement at Durgapur. The victim parked the vehicle in front of a hotel at Fagupur on NH-II and Khalasi of that vehicle took rest in a hotel and the victim stayed inside the cabin of the vehicle. The Khalasi of that vehicle noticed in the next morning that the vehicle was not there and he informed the fact over phone to the owner of the vehicle who found the vehicle in front of Megha Rice Mill and the dead body of the victim was found inside the cabin of the vehicle. The claimants being the legal heirs/representatives of the victim claimed compensation against the owner and the insurer of vehicle no.WB 41/8188 as the victim died in course of his em