- (1.) Instead of disposal of the application, we propose to dispose of 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 163A of the Motor Vehicles Act and is directed against an award dated 30th May, 2009 passed by the learned Judge, Motor Accident Claims Tribunal, Katwa, in M. A. C. Case No. 36 of 2007 thereby disposing of the said proceeding by awarding a sum of Rs. 1,69,500.00 with interest at the rate of 6% per annum from the date of filing of the application (18th April, 2007) till realisation of the amount. Being dissatisfied, the claimants have come up with the present appeal. There is no dispute as regards the death of the victim in an accident when the offending vehicle was insured by the National Insurance Company Limited. It has been established from the evidence on record that the victim was aged 36 years at the time of death leaving his widow, two minor children and mother.
(3.) The only dispute involved in this appeal is as regards the quantum of compensation awarded by the Tribunal. In the claim-application, it was asserted that the victim was a vegetable seller and used to earn Rs. 100/- a day.;