Negligence and compensation must be established through proper pleadings; evidence without pleadings is inadmissible.

1. This appeal, for enhancement of the award, under S.173 of the Motor Vehicles Act, 1988 , is directed against the judgment and award dated 17.3.2007 passed by the learned Member, Motor Accidents Claims Tribunal, Khowai, West Tripura in T.S. (M.A.C.) No. 23 of 2006.

2. Heard Mr. Talapatra, learned Senior Advocate, assisted by Mr. Bhattacharjee, learned counsel appearing for the appellants, as well as Mr. P. Gautam, learned counsel appearing for respondent No. 2, New India Assurance Co. Ltd. The service of notice to the respondent No. 1 by registered post with A.D. shall be deemed to have been effected properly under O.5, R.9 of the Code of Civil Procedure, inasmuch as neither the A.D. card nor the registered post returned unserved even after lapse of many months from the date of taking steps for service of notice to the respondent No. 1 by registered post with A.D. None appears for the respondent No. 1 without showing any cause.

3. The concise facts sans unnecessary details leading to the filing of T.S. (M.A.C.) No. 23 of 2006 are noted for decision of the present appeal -
The appellants - claimants are the wife, children and mother of the deceased Dilip Debbarma, who was serving as Deputy Inspector of Schools in the Government of Tripura and he (late Dilip Debbarma) was aged about 42 years at the time of his death in a vehicular accident on 4.10.2006. On that very day, i.e., on 4.10.2006, while Dilip Debbarma was coming from the side of Teliamura to his house at Mograi Sadhu Para, Jairania, on a motor cycle and reached near the Lake Point on 44, National Highway at Baramura, the offending vehicle, i.e., Tata truck bearing registration No. AS 01 - K 8076 dashed him from the back side at a high speed due to the negligent driving of the offending vehicle. As a result of the said vehicular accident, the deceased Dilip Debbarma sustained head injury and other injuries and died on the spot. Then and there, one Sishir Debnath, a T.S.R. Jawan (Havildar), who was on duty at Lake Point, Baramura, lodged an ejahar for the said vehicular accident at the Teliamura Police Station and, accordingly, Teliamura P.S. Case No. 62/2006 dated 4.10.2006 was registered under S.279/304 - A of Indian Penal Code. Thereafter, deceased Dilip Debbarma was taken to Teliamura Hospital, where he was declared as brought dead. After performing the post - mortem examination of the dead body of Dilip Debbarma, his dead body was handed over to appellants - claimants.

4. After investigation, police submitted the charge - sheet against the driver of the offending vehicle in the court of the S.D.J.M., Khowai, West Tripura. Present respondent No. 2, New India Assurance Co. Ltd., is the insurer of offending vehicle bearing registration No. AS 01 - K 8076 vide policy No. 530706/31/06/01/0000209. As per the school certificate, the date of birth of the deceased Dilip Debbarma was 14.11.1964 and as such, at the time of his death, deceased Dilip Debbarma was aged 42 years. The total salary, i.e., monthly emolument of the deceased Dilip Debbarma who was working as Deputy Inspector of Schools in the Government of Tripura for September 2006 was Rs. 12,487 and total deduction from the said total emoluments was Rs. 4,809. As such, after deduction of the said amount, i.e., Rs. 4,809, the net monthly emolument of the deceased Dilip Debbarma was Rs. 7,678, which was also certified by the Head of Office and D.D.O., Education Inspectorate, Harepkuwer, Khowai, Tripura, T.T.A.A.D.C.

5. The appellants - claimants filed T.