- (1.) The claimants are the appellants. They are aggrieved by an award of the Motor Accidents Claims Tribunal, Malda dated April 11, 2013. The claims tribunal held that the victim's monthly income was Rs. 2,000, and not Rs. 3,000 as asserted by the claimants, and it ordered the insurance company to pay 9% p.a. interest, only if it failed to pay the amount of compensation within the time mentioned in the award.
(2.) Mr. Rahaman appearing for the claimants has submitted as follows. In view of Laxmi Devi & Ors. v. Mohammad Tabbar & Anr., 2008 ACJ 1488, the claims tribunal ought to have accepted the claimants' case that at the date of accident the victim killed in it was earning Rs. 3,000 per month by working as khalasi in the vehicle. It ought to have granted the claimants 9% p.a. interest from the date of filing of the application for compensation till the date of payment.
(3.) Mr. Singh appearing for the insurance company has submitted as follows. The claimants could not prove that at the date of accident the victim was earning Rs. 3,000 per month. The claims tribunal has recorded its finding on the income issue on the basis of the evidence. The claims tribunal, however, ought to have granted the claimants interest from the date of filing of the application for compensation.;