- (1.) By the judgment and order under appeal passed by the learned Motor Accident Claims Tribunal, Uttar Dinajpur in connection with Motor Accident Claim Case No. 109 of 1999 on 12.3.2003 an award of Rs. 1,75,000/- (Rupees one lakh seventy-five thousand only) after deducting rupees Twenty-five thousand paid under section 140 of the Motor Vehicles Act, 1988 (hereinafter, referred to as the said Act) was passed in favour of the claimant/ appellant who was the injured victim himself. After passing the award the learned Tribunal further directed that in the event the amount is not paid within a period of two months it will carry an interest @ 9% p.a. from the date of institution of the case till realization. Shri Banerjee for the appellant has questioned the award on the ground that although the amount of earning was shown by the evidence of the appellant (P.W. 1) as Rs. 3,000/- p.m. from selling of green vegetables, the learned Tribunal did not discuss the capacity of earning of the appellant and concluded on a notional basis a sum of Rs. 1,75,000/- without any cogent materials in support of the said conclusion.
(2.) Shri Banerjee further submitted that in the eye of specific evidence in this regard that P.W. 1 had an income of Rs. 3,000/- p.m. from his business of selling green vegetables which has been corroborated by P.W. 2, an eye-witness the lump sum assessment made by the learned Tribunal cannot be sustained as the said calculation did not contain any basis. Furthermore, Shri Banerjee submitted that there is ho cross-examination on this point. In respect of the deposition of both P.W. 1 and P.W. 2 with regard to the evidence of the appellant running the business of green vegetable.
(3.) He further submitted that although the learned Tribunal directed payment of interest, in default of the amount is not being paid within a period of two months in view of section 171 of the said Act, it was mandatory to have pass the award of interest on and above the claim amount on regular basis.;