P.K.Samanta, Maharaj Sinha, JJ. - (1.) By virtue of our earlier order both the above application and the appeal are taken up for hearing on merits and both are disposed of by this order. It should be pointed out that the only point raised in this appeal is as to whether the learned Claims Tribunal was right in taking into account the pension amount received by the wife of the deceased victim for the purpose of determining the amount of compensation in favour of the claimants/appellants herein.
(2.) The short facts are that the deceased victim Laxman Mishra died in a motor accident on 1st January, 1999 at about 6.30 a.m. in the morning while he was riding a bicycle on National Highway-34. The accident took place as the bicycle of the deceased victim was hit by a truck which was proceeding towards 'Berhampore from Calcutta' Needless to mention the victim was knocked down on the ground and thereby received severe injuries, later the said Laxman died in the Nadia District Hospital, at Saktinagar.
(3.) The owner of the offending vehicle did not contest the proceedings. However, the United India Insurance Company contested the claim case in the learned Claims Tribunal.;