JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present appeal by the Insurance Company/Appellant has been preferred against the award dated 17th June, 2016 passed by Ld. Judge, Motor Accident Claim Tribunal, 2nd Fast Track Court, Jalpaiguri, in M.A.C. Case No. 212 of 2008, under section 163A of the Motor Vehicle Act, 1988.

2. FACTS :-

“On 17.05.08 the deceased along with some other persons after completion of their marketing at Oodlabari Bazar, boarded a vehicle bearing No. WB 73B/1477 (Max Pick up) to go to Washabari along with his stationary and marketing commodities. On the way when the vehicle reached at Bagrakot Chandmari Division, at that time a truck bearing No. WB 73/6745 coming from opposite direction dashed the body of the vehicle bearing No. WB 73B/1477 on its right side and as such the victim received several multiple injuries resulting to his death. At the relevant time, the deceased was 21 years old and was a green grocer by profession having a monthly income of Rs. 3,000/-. The accident took place due to rash and negligent driving on the part of the driver of the offending vehicle.

Over such accident, Mal P.S. Case No. 614/08 dt. 17.05.08 u/s 279/337/338/304A was start