Dipankar Datta, J. - (1.) While considering the application for withdrawal (C.A.N. 2676 of 2017), we feel that the appeal (F.M.A. 1561 of 2017) and the cross objection (C.O.T. 12 of 2017) may be disposed of here and now. With that in view, we have proceeded to hear the parties finally on the merits thereof with their consent.
(2.) The appeal registers a challenge to the judgment and award dated September 04, 2013 passed by the Motor Accident Claims Tribunal-cum-Additional District Judge, Islampur, Uttar Dinajpur, whereby an application under section 163A of the Motor Vehicles Act, 1988 (hereafter the 'Act'), filed by the respondents 1 and 2/cross objectors (hereafter the 'claimants'), was allowed by awarding compensation in a sum of Rs. 1,54,500/- together with interest @ 6% per annum from the date of filing of the claim application till realisation. The appeal is at the instance of the insurer of the offending vehicle involved in the accident, which took away the life of the minor child of the claimants, since it was made liable to bear compensation payable to the claimants.
(3.) The only point raised by Mr. Paul, learned advocate appearing for the appellant is that the driver of the offending vehicle did not have a valid licence on the date of the accident i.e. February 15, 2011.;