- (1.) The opposite party no. 2 in M.A.C. Case No. 63 of 2010 on the file of the Motor Accident Claims Tribunal, 9th Court, Alipore, 24-Parganas (South) is in appeal before us challenging the award dated December 23, 2011. By such award, a claim application under section 166 of the Motor Vehicles Act, 1988 (hereafter the 'Act'), presented by the respondents 1 and 2 herein (hereafter the 'claimants'), was allowed and the opposite party no. 2 (hereafter the 'insurer') was found liable to pay compensation to them in a sum of Rs. 12,35,420/-, together with interest @ 8 % per annum from the date of filing of the claim application till payment.
(2.) The victim of the motor accident was the husband and the father of the claimants 1 and 2 respectively. He was an engineer, employed in a private company. While riding a motorcycle, the victim was dashed from behind by a bus on January 29, 2008. He suffered multiple injuries as a result thereof. Immediately thereafter, he was taken to a nearby hospital where he was declared 'brought dead'. The victim, on the relevant date, was 56 years old and was drawing a net pay of Rs. 16,030/-.
(3.) In course of trial the claimants were successful in proving the accident as well as involvement of the bus in such accident, which led to the untimely demise of the victim. It was also proved beyond doubt that the bus had been insured by the insurer and that the insurer was liable to pay compensation.;