JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present Appeal by the claimants (substituted) has been preferred against the Judgment and Award passed on 31st August 2010 by Sri Sambhu Nath Chatterjee, Member, Motor Accident Claims Tribunal, Additional District Judge, 4th Court, Nadia, in M.A.C. Case No. 347 of 2006 under Section 163 A of the Motor Vehicles Act, 1988.

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

“That on 05.08.2006 while the victim Anuday @ Naba Kumar Biswas was travelling in the bus, bearing No. WGB-5665, named ‘ATANU’ for going from Karimpur to Krishnagar. At that time when the bus reached near Paninala Satyapriya Smriti Siksha Niketan at a very high speed, it dashed against a mango tree and overturned into a roadside ditch. As it result, many passengers received severe injuries and some of them died on the spot. The victim also lost his left leg and he was admitted in Shaktinagar Hospital for treatment, but he died there. His P.M. examination was held on the self-same day.

After the accident Kotwali P.S. Case No. 238/06 dated 05.08.2006 u/s 279/338/304A I.P.C. was started.

It was stated that the victim at the time of accident used to earn Rs. 3,000/- per month. Th