- (1.) C.A.N. 1807 of 2017 is an application for withdrawal of the money deposited before this Court pursuant to earlier directions. It has been made on behalf of the claimants/respondents. There is also an application for stay being C.A.N. 10944 of 2014 on which the aforesaid order had been passed. The appeal is preferred by the insurer against an award passed by the learned tribunal being the Additional District Judge, Re-designated Court, Paschim Medinipur in M.A.C. Case No. 105 of 2013 on June 26, 2014, which was an application made to the learned tribunal under section 166 of the Motor Vehicles Act, 1988 in respect of a claim for just compensation for the death of one Sambhunath Jana.
(2.) Instead of taking the applications and the appeal separately, by consent of the parties, the appeal is treated to be taken as on day's list.
(3.) The case arises from a sad accident of the said victim and the legal heirs of the deceased being dependant upon him applying for compensation. Neither the accident nor the facts relating thereto nor even the liability of the insurer or the owner of the vehicle is in dispute. The appeal has been argued before us only on one ground and that was whether the learned tribunal was justified in taking the income of the deceased victim to be Rs. 5,000/- per month and calculating and awarding just compensation on that basis.;