DIPANKAR DATTA,J. - (1.) M.A.C. Case No. 139 of 2013, on the file of the Motor Accident Claims Tribunal, Tamluk, Purba Medinipur, was registered on an application under Section 166 of the Motor Vehicles Act, 1988 filed by Smt. Tanushree Jana, the widow of Manoj Kumar Jana (hereafter the victim) who died in a motor vehicular accident on 20th February, 2010. Smt. Jana claimed compensation of Rs. 7,50,000/- pleading that the victim was a businessman (dealing with fertilizers) and had an income of approximately Rs. 5,000/- to Rs. 6,000/- per month. The claim application succeeded. The tribunal, by its award dated 31st May, 2016, awarded compensation in a sum of Rs. 4,23,000/-. The offending vehicle (a mini bus) was found to be covered by an insurance policy issued by the opposite party No. 2 (hereafter the insurer) and accordingly, the insurer was made liable to pay the said sum of Rs. 4,23,000/- together with simple interest @ 6 % per annum from the date of filing of the claim application till payment.
(2.) F.M.A.T. 861 of 2016, at the instance of the insurer, is directed against the said award. Having been served with notice of appeal, Smt. Jana has entered appearance and filed a cross-objection (C.O.T. 19 of 2017) together with the application for withdrawal (C.A.N. 2084 of 2017).
(3.) We propose to dispose of the appeal as well as the cross-objection by this common judgement and order, with the consent of the parties dispensing with all formalities.;