DIPANKAR DATTA,J. - (1.) The appellant in FMA 3272 of 2016, being an appeal under section 173 of the Motor Vehicles Act (hereafter the Act), is an insurer. It calls in question the award dated August 25, 2014 passed by the Motor Accident Claims Tribunal, Paschim Medinipore presided over by the Additional District Judge (re-designated Court), Paschim Medinipur in M.A.C. Case No. 339 of 2012 arising out of an application under section 166 thereof. By the impugned award, the respondents 1 to 3 in the appeal (hereafter the claimants) were held entitled to L 7,92,500/- as compensation from the appellant along with interest @ 7% p.a. from the date of filing of the claim application till realization failing which the outstanding amount would 'carry further interest @ 8% till the arrear amount is liquidated in full'.
(2.) Originally, the claimants before the tribunal were the widow and the mother of a Srikanta Manna (hereafter the victim), aged about 35 years. On July 1, 2012 at about 8 a.m., he instantaneously died after being dashed by a truck which was being driven rashly and negligently. On the date of death of the victim, his wife was pregnant and later on she gave birth to a girl child who was brought on record of the proceeding before the tribunal by amendment of the claim application. It was pleaded therein that the victim was running a hair-cutting saloon and as barber had a monthly income of L 6,000/- on the date of the fateful incident and, accordingly, compensation in a sum of L 8,00,000/- was claimed. Considering L 6,000/- per month as the notional income of the victim and selecting 16 as the appropriate multiplier, the tribunal proceeded to determine the compensation payable to the claimants. Since the offending truck was insured by the appellant, the entire liability was foisted on it.
(3.) CAN 10226 of 2016 is an application for stay filed in connection with the appeal.;