- (1.) While riding pillion on a motor-bike, Anowar Molla (hereafter the victim) died in a road accident on September 25, 2011. The motor-bike was dashed from behind by a lorry bearing registration no. WB 41D-6060, which was being driven rashly and negligently by its driver, as a result whereof the victim suffered multiple injuries and succumbed thereto at the local hospital. The parents of the victim and his siblings approached the Motor Accident Claims Tribunal, Diamond Harbour, 24-Parganas (South) on May 2, 2014 with an application under Section 166 of the Motor Vehicles Act, 1988 (hereafter the Act). Upon hearing the parties and on consideration of the evidence that were led, the tribunal awarded compensation in a sum of Rs.6,16,500/- to be payable to the claimants by the insurer of the lorry together with simple interest @ 6% per annum from the date of filing of the application within 30 days, failing which interest @ 9% per annum would have to be paid.
(2.) Quantification of compensation payable to the claimants is under challenge both at the instance of the insurer as well as the claimants, in the appeal and the cross-objection respectively.
(3.) While hearing the application for stay filed in the appeal, we have heard the parties on the merits of the appeal as well as the cross-objection dispensing with all formalities and with their consent and propose to dispose of the same by this common judgment and order.;