ABHIJIT GANGOPADHYAY,J. - (1.) CAN 4357 of 2013 is an application at the instance of the claimants/respondents 1 and 2 for withdrawal of the compensation awarded by the Motor Accident Claims Tribunal cum Additional District Judge, 9th Court, Alipore, 24-Parganas (S) [hereafter the tribunal], since secured by the insurance company in terms of an earlier order of a coordinate Bench. While hearing such application, we have heard the parties on the merits of the appeal itself with their consent and propose to dispose it of here and now.
(2.) The judgment and award dated June 16, 2011 passed by the tribunal in M.A.C. Case No.94 of 2010 is under challenge in this appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the Act) at the instance of the opposite party no.1 before the tribunal i.e. the insurance company (hereafter the appellant). While allowing the claim application filed under section 166 of the Act, the tribunal awarded compensation to the claimants before it (parents of the victim) in a sum of Rs. 24,56,118/- along with interest @ 8% per annum from the date of filing of the claim application till payment is made.
(3.) The only ground on which Mr. Singh, learned advocate appearing for the appellant seeks to impeach the impugned award is the ground of noninvolvement of the auto-rickshaw in question, bearing registration no. WB 04B 9212. Referring to the First Information Report (hereafter the FIR), Mr. Singh contends that it was the vehicle bearing registration no. WB 04A 9291 that was involved in the accident resulting in the untimely death of the son of the claimants and, therefore, the learned Judge ought not have held the appellant responsible to bear the compensation payable to the claimants. It has also been urged by Mr. Singh that the vehicle bearing registration no. WB 04A 9291 was a taxi which had no insurance cover and it was only upon detection of such fact that the vehicle bearing registration no. WB 04B 9212 was claimed to have been involved in the accident. Reference has also been made by Mr. Singh to the original claim application that was filed by the claimants wherein they had pleaded that the vehicle bearing registration no. WB 04A 9291 was involved in the accident.;