JUDGMENT :

K.R. MOHAPATRA, J.

This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act’) has been filed by the Claimants-appellants against the Award dated 29.04.2003 passed by learned Second Motor Accident Claims Tribunal, Cuttack (hereinafter referred to as ‘the Tribunal”), in Misc. Case No.582 of 1994 awarding a sum of Rs.37,500/-to the claimants-appellants along with 6% interest per annum from the date of filing of the claim petition, i.e., 12.08.1994 till realization along with cost.

2. Bereft of unnecessary details, the case of claimants as revealed from the Claim Petition is that on 31.07.1994, a truck bearing registration No.WB-23-1207 (for short, ‘offending truck’) being driven in a rash and negligent manner ran over a 13 years old girl, a student (hereinafter referred to as “the deceased”) causing her instantaneous death. The offending truck had valid insurance policy issued by respondent No.2-Insurance Company covering the date of accident. As such, the claim petition under Section 166 of the Act was filed claiming compensation