(1.) THIS first miscellaneous appeal is directed against the award passed by the Learned Additional District and Session Judge, 6th Court at Alipore on 20th March, 2014 in Motor Accident Claim Case No.109 of 2010 at the instance of the Insurance Company.
(2.) THE claim petition under Section 166 of the Motor Vehicles Act was filed by the claimants claiming compensation of Rs.3,70,000/ - on account of the accidental death of Kousik Ghosh due to rash and negligent driving of the offending vehicle bearing registration no. WB -41E -0413 (Tata Van 407). Since the vehicle was insured under a policy of insurance issued by the National Insurance Company, the Insurance Company was impleaded as a party in the said proceeding.
(3.) THE owner of the offending vehicle did not contest the said proceeding.