DIPANKAR DATTA,AMRITA SINHA,J. - (1.) MAC Case No. 173 of 2014 on the file of the learned Judge of the 2nd Bench of the City Civil Court at Calcutta (hereafter the tribunal) was registered on an application under section 166 of the Motor Vehicles Act, 1988 (hereafter the Act) presented by Sushil Kumar Mondal and his minor son (hereafter the claimants 1 & 2 respectively). They had approached the tribunal upon the death of the claimant no.2's mother (hereafter the victim) in a road accident involving the use of a motor vehicle. An amount of Rs. 1,00,00,000/- (Rupees one crore) was claimed on behalf of the claimants as compensation from the owner of the offending vehicle, or in the alternative, its authorised insurer.
(2.) The learned Judge of the tribunal upon considering oral and documentary evidences, adduced in course of proceedings, rendered his award dated August 4, 2017. A finding was returned that rash and negligent driving of the offending vehicle caused the accident which ultimately claimed the life of the victim. Considering the salary last drawn by the victim as well as her age on the date of death together with other relevant factors, the tribunal awarded compensation in a sum of Rs. 44,84,240/- for the claimant no. 1 and Rs. 43,84,240/- for the claimant no. 2. Since the offending vehicle was found to be covered by a policy of insurance issued by the opposite party no. 2 before it, the tribunal directed such opposite party to bear the compensation payable to the claimants with a further direction that such sum would carry simple interest @ 9% per annum from the date of filing of the claim application, i.e., June 6, 2014.
(3.) Such award is the subject-matter of challenge in this appeal at the instance of the insurer of the offending vehicle, opposite party no.2 before the tribunal.;