- (1.) Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on day's list with the consent of the learned counsel for the parties.
(2.) 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 15.9.2005 passed by the Motor Accidents Claims Tribunal, First Court, Howrah in M.A.C. Case No. 393 of 2000 thereby disposing of the said proceeding by awarding a sum of Rs. 2,20,000 as compensation with the direction upon the insurance company to pay the said amount within 40 days from the date of order with further stipulation that in default, the amount should carry interest at the rate of 5 per cent per annum till realization.
(3.) Being dissatisfied, the claimants have come up with the present first miscellaneous appeal.;