Dipankar Datta, J. - (1.) Banku Dutta was riding a Bajaj Discovery motorcycle owned by him. Sanjoy Shil (hereafter the 'victim') and Pappu were riding pillion. The three while riding on Balurghat to Tapan State Highway met with an accident on August 16, 2009 at about 2-00 hours. The victim and Pappu died on the spot succumbing to the injuries they suffered. Swapna Shil (hereafter the 'claimant'), mother of the victim, approached the Motor Accident Claims Tribunal-cum-Additional District Judge, 2nd Court, Dakshin Dinajpur at Balurghat with an application under section 163A of the Motor Vehicles Act, 1988 (hereafter the 'Act'). It was registered as M.A.C. Case No. 181 of 2011. The claimant sought for compensation in a sum of Rs. 3,00,000/-.
(2.) Upon considering the evidence that was adduced, the tribunal by judgment and award dated December 22, 2016 proceeded to award Rs. 2,92,500/- as compensation together with interest @ 6% per annum from the date of filing of the claim application till realisation. National Insurance Company Limited, being the insurer of the motorcycle, was directed to bear compensation and make payment thereof to the claimant within sixty days from the date of the award. The said award is the subject matter of challenge in this appeal under section 173 of the Act at the instance of the insurer.
(3.) Two points have been urged by Ms. Paul, learned advocate appearing in support of the appeal. Firstly, the motorcycle did not have a valid registration number and, therefore, there was clear violation of the provisions of the Act and; secondly, there being two pillion riders, the motorcycle was being driven by Banku contrary to the provisions of the Act. According to Ms. Paul, the tribunal erred in foisting the liability on the insurer. She has, accordingly, prayed for liberty to the insurer to initiate proceedings against Banku for recovery of the compensation payable to the claimant.;