Dipankar Datta, J. - (1.) The sole earning member of a family, comprising of his parents, wife and a minor child, met with an accidental death on 11th August, 2010. The victim was riding a motorcycle, driven by his friend. They had stopped to talk with their friend by the side of the road. At that time, a pick up van bearing registration no. WB 33A/0188 driven in a rash and negligent manner suddenly dashed the victim and his friends resulting in an accident. All of them were seriously injured. The victim was taken to the nearby hospital where he breathed his last. After the accident, the public mistakenly thought that the pick-up van bearing no. SK 03/3843 was the offending vehicle and detained it. Consequently, F.I.R. was lodged mentioning the pick up van bearing registration number SK 03/3843 as the offending vehicle. However, investigation conducted by the police revealed that it was the vehicle bearing registration no. WB 33A/0188 that was involved in the accident resulting in the death of the victim and not the other pick up van bearing registration no. SK 03/3843.
(2.) The family members of the victim approached the Motor Accident Claims Tribunal, 5th Court, Paschim Medinipur with an application under section 166 of the Motor Vehicles Act, 1988 claiming compensation to be paid by the owner of the vehicle bearing registration no. WB 33A/0188 and/or the insurer of such vehicle. On such application, M.A.C. Case No. 57 of 2011 was registered. Upon considering the pleadings as well as the evidence on record, the tribunal by its award dated 24th March, 2014 came to a finding that indeed the vehicle bearing registration no. WB 33A/0188 was involved in the accident, which took away the life of the victim. Accordingly, Rs. 3,96,000/- was directed to be paid as compensation to the claimants by the insurer, which was required to be apportioned amongst the heirs of the victim in the manner specified in the award. The tribunal also awarded interest @ 8% per annum to be paid on the total sum that was awarded from the date of filing of the claim application till realization.
(3.) The insurer of the vehicle bearing registration no. WB 33A/0188 has filed an appeal before us challenging the said award only on the ground that such vehicle was not involved in the accident. On the other hand, the claimants have presented a cross-objection (C.O.T. 19 of 2015) feeling aggrieved by the quantification of compensation made by the tribunal.;