JUDGMENT :

Subhendu Samanta, J.

1. Instant appeal has been preferred against the judgment and award dated 05.01.2023 passed by the learned Judge Motor Accident Claims come ADJ 3rd Court Berhumpur, Murshidabad in MV Case No. 228 of 2012

2. The brief of fact of the case is that on 23.03.2012 at about 6:00 a.m. when the victim of this case namely Adam Ali Sekh was proceeding by his motor cycle towards Kandi through the left side of Kandi, Berhampur State Highway and reached near Bhatpara More at that time a vehicle bearing no. WB 57/9072 (mini track) which was running towards Kandi in a very high speed and rash and negligent manner dashed the motor cycle of the victim from the backside. As a result the victim sustained saviour injuries all over his body. He was shifted to the Berhampur New General hospital but succumbed to his injuries.

3. The widow, minor son, mother and daughter of the victim filed an application before the Learned Tribunal u/s 166 MV Act for getting compensation on the ground that the victim died due to the rash and negligent driving of the driver of the offending vehicle duly ensured under the policy of the Insurance Company. The claim case was contested by the Insura