- (1.) Leave granted.
(2.) Challenge in this appeal is to the legality of the judgement rendered by a Division Bench of the Calcutta High Court. By the impugned judgement the High Court directed that the amount of compensation awarded by the 4th Court of Motor Accidents Claims Tribunal/Additional District Judge Burdwan (in short the 'Tribunal') was to be paid by the appellant.
(3.) Background facts in a nutshell is as follows: Two Claim applications were disposed of by the Tribunal. In the accident resulting in the death of Basudev Majhi two vehicles were involved, one belonging to the appellant Corporation while the other one belonged to the police department of West Bengal. The Tribunal after considering the evidence on record directed, inter alia, as follows :- "That the application u/s. 166 of the M.V. Act is allowed no contest against the contesting O.Ps. 1 and 2 and ex parte against the rest but without cost in the facts and circumstances of the case. The petitioners do get an award of Rs.2,30,400.00. The O.P. the Superintendent of the Police, Burdwan, in respect of Police Jeep No. WBP-2655 and the Chairman-cum-Managing Director, B.S.R.T.C. are directed to pay the awarded sum of Rs. 2,30,400.00 in equal shares i.e. Rs. 1,15,200.00 each to the petitioners in the following manner within two months from the days of the order failing which the petitioners are entitled to get an interest @ 12% p.a. till realization of the full amount." (Underlined for emphasis);