Ananya Bandyopadhyay, J:

1. The Learned Advocates representing the respective parties are present in Court.

2. The instant appeal had been preferred against the impugned judgment and award dated 13.06.2006 passed by the Learned Judge, Motor Accident Claims Tribunal, Hooghly in MAC Case No.

365 of 2004.

3. The learned advocate representing the appellants/claimants submitted to have filed the instant appeal exclusively on the ground that the Learned Tribunal had awarded a compensation to the extent of Rs.1,74,500/- to be paid by the owner of the offending vehicle which till date has not been complied with. Moreover, the Learned Tribunal disregarding the fact that the victim had been a gratuitous passenger whereby the Insurance Company should have been made liable to pay the compensation awarded and thereafter recover the same from the owner of the offending vehicle had exclusively directed the owner of the offending vehicle to pay for such compensation as awarded.

4. Learned Advocate representing the respondents/Insurance Company submitted that the insurance policy had not been possessed by the owner of the offending vehicle with regard to the same and the respondents/Insurance Company sh