- (1.) BOTH the appeal and cross-objection were taken up together and we propose to dispose of those one after the other.
(2.) THIS appeal is at the instance of the owner of the vehicle in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 5th July, 2007 passed by the Additional District Judge-cum-Member Motor accident Claims Tribunal, Fast Track Court, First Court, Burdwan in M. A. C. Case No. 31 of 2006 thereby disposing of the said proceeding by awarding a sum of Rs. 15,00,000/- in favour of the claimants with a direction upon the owner of the vehicle, the Managing Director of the South Bengal State Transport corporation, Durgapur, to pay the amount with interest @ 7. 5% per annum from the date of filing the application till realization of the entire amount. Being dissatisfied, the owner of the vehicle has come up with the present appeal.
(3.) AFTER hearing the learned counsel for the parties and after going through the materials on record, we find that there is no dispute that the victim, an employee of Durgapur Steel Plant, while he was going to his office by his motorcycle, met with an accident involving a bus of the appellant bearing No. WB-39/2149 resulting in his death. According to the claimants, his widow and two sons, due to rash and negligent driving on the part of the driver of the said bus, the accident occurred. The claimants alleged that the victim was aged about 50 years at the time of accident and used to get Rs. 22,637. 56 paisa a month as his gross salary. The claimants, thus, claimed a sum of Rs. 15,00,000/- as compensation.;