- (1.) By consent of Mr. Jayanta Kumar Mondal, learned advocate for the claimants and Mr. K.K. Das, learned advocate for the New India Insurance Company Limited, the appeals, being F.M.A. 363 of 2009 and F.M.A. 415 of 2011 are treated as on day " s list and are taken up together for hearing dispensing with all formalities.
(2.) These appeals, preferred by the claimants as well as by the insurance company are against the judgment and award dated 23rd April, 2008, passed by the learned Judge, Motor Accident Claims Tribunal, Additional District Judge, 6th Court, Alipore, South 24-Parganas in M.A.C. Case No. 130 of 2007 under section 166 of the Motor Vehicles Act, 1988.
(3.) The grounds on which the claimants have preferred the appeal (F.M.A. 363 of 2009) are that while passing the impugned judgment and award, the Tribunal had ignored the guidelines and the principles of law laid down by the Supreme Court as well as by the High Courts in various judgments. Submission is that section 168 of the Act postulates for just compensation to be provided, however, the said statutory provision has been ignored. Further, though under the settled principles of law, Tribunal has the jurisdiction to grant compensation in excess of the claim, it has been denied. Moreover, interest should have been granted @ 9%.;