JUDGMENT :

ANANDA SEN, J.

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed by the Insurance Company, challenging the judgment and award dated 18.11.2014 passed by the District Judge II cum Additional Claim Tribunal, Chatra in Claim Case No. 14 of 2010.

2. Deceased, Md. Anwar along with others were travelling in a Bolero Pick-up van bearing registration number JH-10-T-5436 and was coming from Belgada to Gonia Market to purchase tomatoes. There were several villagers along with him. About 500 yards away from Gonia, the vehicle, which was being driven rashly and negligently, turned turtle, resulting in injuries sustained by passengers and it is the case that the deceased, who was also a passenger of the said vehicle, after being treated in a hospital for ten days, died.

3. On account of death of Md. Anwar, his widow and sons preferred a claim application under Section 166 of the Motor Vehicles Act, which was numbered as Claim Case No. 14 of 2010. On notice, opposite parties had appeared and filed their respective written statement. The owner of the vehicle pleaded that the deceased was never a trader and the monthly income claimed by the claimants is not