ASHA ARORA,J. - (1.) C.A.N. 3421 of 2017 is an application for early hearing of the appeal (F.M.A.T. 1707 of 2008, renumbered as F.M.A. 551 of 2014). It is at the instance of the claimants in M.A.C.C. Case No. 184 of 2005, decided by the Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge, 2nd Fast Track Court, Dinhata, Coochbehar, vide judgement and award dated 19th September, 2008.
(2.) The husband of the claimant no. 1 and the father of the claimants 2 to 4 (hereafter the victim) died in a motor vehicular accident on 18th June 2005. He was 51 years old on the date of his death. The claimants approached the tribunal with an application under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 6,00,000/-. The claim application was contested by the owner of the offending vehicle as well as by the insurer thereof. The tribunal found the offending vehicle to be covered by an insurance policy issued by the insurer. On considering the oral and documentary evidence that was adduced, the tribunal came to a finding that it was rash and negligent driving of the offending vehicle, which caused death of the victim.
(3.) On behalf of the claimants/appellants, oral and documentary evidence were adduced in support of their stand that the victim at the time of his death was drawing Rs. 5,000/- per month as salary. The tribunal disbelieved such version and worked out compensation reckoning Rs. 15,000/- per annum as the notional income of the victim. Ultimately, it determined Rs. 1,17,117/- as compensation payable by the insurer to the claimants/appellants, which was directed to be shared equally by them. No interest was awarded, but it was directed that if compensation is not paid by the insurer within three months, interest @ 9% per annum on the compensation amount shall have to be borne by it.;