JAYANTA KUMAR BISWAS,J. - (1.) THE insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Asansol dated September 25,2013.
(2.) THE claimant was the mother of a bachelor victim who was killed in the motor vehicle accident concerned. The claims tribunal granted her compensation without interest. It directed deduction of one -third towards the victim's personal and living expenses. The insurance company is aggrieved by this. Its contention is that since the victim was a bachelor, the claims tribunal ought to have deducted 50% towards his personal and living expenses. The claimant has filed CAN No.1569 of 2014 for an order permitting her to withdraw the amount of compensation deposited by the insurance company under terms of the stay order passed in CAN No.11171 of 2013. Mr. Pahari appearing for the insurance company has submitted that since the deduction towards the victim's personal and living expenses is the only issue and the issue is covered by a decision of this court dated February 24 of 2014 in FMA No.602 of 2007 (National Insurance Company Limited v. Nikhil Mondal & Ors.), it will be appropriate to hear the appeal itself dispensing with all the formalities. Mr. Roy has accepted the suggestion. His only submission is that this court should consider the question of granting the claimant interest. The deduction issue has been decided by this court on February 24, 2014 in FMA No.602 of 2007 (National Insurance Company Limited v. Nikhil Mondal & Ors.) and in view of the decision the deduction towards the bachelor victim's personal and living expenses should have been 50%, not one -third. The interest issue has been decided by this court on January 29,2014 in FMA No.1346 of 2013 ( Niva Devi v. New India Assurance Company Ltd.) and in view of the decision the claimant is entitled to 8% p.a. interest from the date of filing of the application for compensation till the date of payment.
(3.) THE position being as noted hereinbefore, we are of the view that the appeal itself should be disposed of dispensing with all the formalities. Hence the CANs lose their significance. Fifty per cent deduction is to be ordered and the claimant is to be granted 8% p.a. interest. For these reasons, we allow the appeal and dispose of the CANs No.11171 of 2013( not appearing, treated as on the day's list by consent) and No.1569 of 2014 ordering as follows.;