JUDGMENT :

Shampa Dutt (Paul), J.:

1. The present Appeal has been preferred against the Judgment and/or order dated 05.05.2016 passed by the Judge, M.A.C. Tribunal, 4th Court, Additional District and Session Judge, Suri, Birbhum in MAC Case No. 29 of 2012 under Section 163A of the Motor Vehicle Act.

2. The facts of the case is as follows:-

That on 06.01.2012 about 10.45 hrs, the victim was traveling by the Bus being no. WB-53-0939 from Itagoria to Suri Bus Stand and suddenly the driver applied brake near Suri Bus Stand and the victim fell down from the Bus and sustained grievous injury. She was forwarded to Suri Sadar Hospital and succumbed to her injuries on that date. It was caused due to rash and negligent act of the driver of the vehicle being no. WB-53-0939. She was aged about 50 years and being a day labour earned Rs. 3,000/- per month. The sole claimant of the deceased being her husband came before the Tribunal claiming compensation to the tune of Rs. 3,50,000/- against Jayanta Banerjee and Ritwick Banerjee, the owners of the said Bus and the National Insurance Company Ltd. the insurer of the Bus.

The owner of the Bus did not participate in the hearing of the case. The O.P., Nati