- (1.) CAN No.8545 of 2012 has been filed by the appellant for stay of operation of the award of the claims tribunal. By an order dated September 12,2012 interim stay was granted. The first three respondents have entered appearance and they have filed CAN No.11563 of 2013 for withdrawal of the award amount deposited by the appellant in compliance with the terms of the interim stay order.
(2.) When the CANs were taken up for hearing, Mr. Mondal appearing for the first three respondents submitted that the appeal involved a short issue: whether the claims tribunal ought to have taken into consideration the monthly family pension the first respondent was receiving. He invited the court to decide the issue and dispose of the appeal dispensing with all formalities. Mr. Pahari appearing for the appellant accepted the submission and agreed to argue the appeal for final disposal. Thus we took up the appeal itself for final hearing.
(3.) The award of the claims tribunal is dated July 2,2012. The first respondent's husband (Gopinath Das) was killed in a motor vehicle accident happening on November 20,2009 at 11.15 a.m. He was survived by the first respondent, two sons and a daughter. Claiming compensation the first respondent filed the requisite application before the claims tribunal under s.166 of the Motor Vehicles Act, 1988.;