JUDGMENT AND ORDER : 1. Heard Mr. P. Chakraborty, learned counsel appearing for the appellant as well as Mr. S. Lodh, learned counsel appearing for the claimant-respondent. Despite due notice from this court, none appears for the respondent No. 2. 2. This is an appeal under Section 173 of the Motor Vehicles Act, by the insurer, New India Assurance Company Limited from the judgment and award dated 18.05.2015 delivered in T.S. (MAC) 269 of 2012 by the Motor Accident Claims Tribunal, West Tripura, Agartala. 3. The facts relating to the accident, negligence of the driver of the offending vehicle [the Motor Cycle bearing No. TR-01-M-6517 Super Splendor] and its insurance coverage on the date of accident i.e. 02.06.2012 by the insurer are not in dispute. 4. Mr. P. Chakraborty, learned counsel appearing for the appellant has submitted that the solitary ground of objection as raised in this appeal is that the claimant namely Khudiram Das was not dependent on the deceased and as such, cannot maintain the claim under Section 166 of the Motor Vehicles Act. When this court asked to refer to how they have laid or treated the relevant fact in their written objection, Mr. P. Chakraborty, learned counsel has referred part of the form of deposition, where it has been recorded that by profession Day labor, which is not part of the statement. Beyond that, there is no evidence in the entire record of evidence to show that the respondent No. 1 was a day labourer at the time of accident that occurred on 02.06.2012 at about 9.30-9.45 p.m. in which Khokan Das, the younger brother of the claimant-respondent No. 1 and received serious injuries and succumbed to death. 5. This court is constraint to observe that from the referred part, it cannot be inferred that the claimant-respondent was a Day Labourer in the life time of Khokan Das. Thus, this appeal is entirely bereft of merit and accordingly the same is dismissed. 6. Mr. P. Chakraborty, learned counsel has clearly stated that the entire award has been paid in this court. In terms of the observation made in the judgment and award dated 18.05.2015, the respondent No. 1 shall be entitled to receive the amount. 7. There shall be no order as to costs.