DIPANKAR DATTA,J. - (1.) The award of the Motor Accident Claims Tribunal, Balurghat, Dakshin Dinajpur while disposing of M.A.C.C. No. 134 of 2014, being an application under Section 163A of the Motor Vehicles Act, 1988, is under challenge in this appeal under Section 173 thereof at the instance of the insurance company, opposite party no. 2 before the tribunal. The claimant before the tribunal has also come up before us by filing a cross-objection, being C.O.T. 54 of 2017. Since the source of the appeal and the cross-objection is common, we proceed to dispose of the same by this common judgment and order.
(2.) The claimant lost her 18 years old son (hereafter the victim) in a road accident involving the use of a motor vehicle. She prayed for compensation of Rs.4,30,000/-. Upon considering the oral and documentary evidence produced before it, the tribunal awarded in favour of the claimant Rs.2,99,111/- together with interest @ 8% per annum from the date of filing of the application till realization, payable by insurance company. The tribunal, inter alia, held that the claimant was entitled to Rs.1,24,611/- on account of medical expenses incurred by her during the period (seven days) the victim was in hospital immediately prior to his death.
(3.) Mr. Bhowmick, learned advocate representing the appellant/insurer has submitted that the claimant having applied under Section 163A of the Act, the maximum that could have been awarded on account of medical expenses incurred by the claimant is Rs.15,000/-. Any amount awarded in excess of Rs.15,000/- would be contrary to the structured formula envisaged in the second schedule of the Act. He has drawn support from the Bench decision of this Court in ICICI Lombard General Insurance Company Limited v. Md. Arshad and another reported in 2010 (3) T.A.C. 390 (Cal.) and prayed that the award be suitably modified.;