ASHA ARORA,J. - (1.) C.A.N. 832 of 2018 is an application for withdrawal of compensation awarded by the learned Judge, Motor Accident Claims Tribunal, Durgapur since secured by the appellant/insurer in terms of a previous order passed by a coordinate Bench. While hearing the application for withdrawal, we have heard the appeal on its merits with the consent of the parties treating the same as on day's list. We propose to dispose of the application for withdrawal and the appeal by this common judgment and order.
(2.) The tribunal awarded Rs. 11,16,724/- as compensation together with interest @ 6% per annum by recording a finding that the claimants before it were entitled to such compensation on the accidental death of Tapan Krishna Ray (hereafter the victim) in a motor vehicular accident. The victim incidentally was the husband of the claimant no. 1, father of the claimant nos. 2 and 3 and son of the claimant no. 4. Such award is the subject matter of challenge in the appeal being F.M.A. 2248 of 2013 at the instance of an insurer which was found liable to bear the compensation payable to the claimants.
(3.) The only ground of challenge raised by Mr. Pahari, learned advocate for the appellant/insurer is that the truck bearing registration no. WB-39/7409 was not involved in the accident and it was a truck bearing registration no. WB- 37/4661 that caused the accident resulting in the death of the victim; hence, as the insurer of the truck bearing registration no. WB-39/7409, the appellant/insurer is not liable to bear compensation.;