(1.) This instant First Miscellaneous Appeal has been filed by the appellants/claimants against the judgment of dismissal of a Motor Accident Claim Case No. 134/299/2006 dtd. 29/11/2007 filed under Sec. 166 of the Motor Vehicles Act on account of the death of one Subhas Ch. Ruidas Alias Subhas Ruidas by the Court of Learned Additional District Judge, Fast Track Court, 1st Court, Burdwan.
(2.) The brief facts of this case are as under:
(3.) Learned advocate appearing on behalf of the appellants/claimants submitted that the accident took place on 5/10/2005 and on the same day FIR was lodged. It is true that there was no reflection in the FIR with regards to the number of the offending vehicle involved.