KAFIRAN NESSA Vs. HARIDASI MALLICK

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 21st April, 2004 passed by the Motor Accident Claims Tribunal and Additional District Judge, Fast Track, First Court, Jalpaiguri in MAC Case No. 26 of 2002 thereby dismissing the said application only on the ground that out of the eleven heirs of the deceased, five were left out.

(2.) THE learned Tribunal below, however, found that there was rash and negligent driving on the part of the offending vehicle and that the said vehicle was insured by the Insurance Company, who is contesting the proceeding.

(3.) IN such circumstances, instead of remanding the matter back to the Trial Court, we propose to assess the compensation on the basis of the evidence already on record.