- (1.) WHILE considering the application filed by the claimants/respondents seeking permission to withdraw the awarded compensation which was deposited by the Insurance Company with the Learned Registrar General of this Court in terms of the Court's order dated 22nd August, 2012, we were requested by the learned advocate of the parties for hearing out the appeal itself by dispensing with the requirement of filing paper book in this appeal. Considering the point involved in this appeal, we have decided to dispose of the appeal itself by dispensing with the requirement of filing the paper book in this appeal as we find that the appeal can be decided on the materials before us.
(2.) ACCORDINGLY , we heard the learned advocates of the parties on the merit of this appeal. The legality and/or propriety of the judgement and/or award passed by the Learned Motor Accident Claims Tribunal, Fast Track, 1st Court, Burdwan, on 5th June, 2012 in Motor Accident Claim Case No.23 of 2011/151 of 2009/320 of 2009 has been challenged by the Insurance Company in this appeal. The said appeal was registered as FMA 1714 of 2013. A cross -objection has also been filed by the claimants in connection with the said appeal. The said cross -objection was registered as COT 1 of 2015. Both the appeal and cross -objection are taken up for hearing.
(3.) LET us now consider the merit of the appeal and the cross -objection filed by the respective parties. Here is the case where we find that the victim died in a motor accident, on 11th August, 2009 due to rash and negligent driving of the offending vehicle being a truck bearing registration no.WB 25B/7965. The said vehicle was insured on the day when the said accident occurred, under a policy of insurance issued by the United India Insurance Co. Ltd. The victim was a bachelor at the time of his death. He was 23 years old at the time of such accident. The parents of the victim filed an application under Section 166 of the Motor Vehicles Act claiming compensation for the accidental death of their only son. The claimants claimed that the victim was an electrician and he used to earn a sum of Rs. 8000/ - per month. They claimed that he was employed as Mistry -cum -Manager under Sany Electrics which was a proprietorship concerned of one Monoranjan Sany. They claimed that he used to receive a sum of Rs. 5000/ - per month on account of his salary from his employer and he also used to earn a sum of Rs. 3000/ - on account of his self -employment. Thus, they claimed a sum of Rs.8,00,000/ - (eight lac) as compensation on account of the accidental death of their only son.;