JAYANTA KUMAR BISWAS, J. - (1.) THE claimants in MACC No.67 of 2007 in the Motor Accidents Claims Tribunal, Nadia are the appellants. They are aggrieved by the award dated September 3, 2011. They have filed the CAN for condonation of a 186 -day delay in presenting the memo of appeal.
(2.) MR . Roy appearing for the claimants has prayed for an order dispensing with notice on the second respondent, the vehicle owner, on the grounds that he did not contest the case before the claims tribunal. Mr. Ganguly appearing for the first respondent, the insurance company, has left the matter of condonation to the discretion of the court. The claimants are aggrieved on two issues: -(i) the claims tribunal determined the victim's monthly income on the basis that he could earn at the rate of Rs.100 per day only for twenty -four days, not for thirty days; and (ii) instead of granting interest from the date of filing of the application for compensation, the claims tribunal ordered the insurance company to pay 6% p.a. interest only if it failed to pay the amount of compensation within the time mentioned in the award.
(3.) AFTER considering the reasons stated in the CAN and the grounds on which the award has been challenged, we are of the view that it will be appropriate to condone the delay.;