Kailash Prasad Deo,j. - (1.) Heard, learned counsel for the appellant, Mr. A. K. Das assisted by Ms. Swati Shalini and learned counsel for the claimants, Mr. Asadul Haque.
(2.) Reliance General Insurance Company Limited has preferred this Miscellaneous Appeal against the award dated 01.09.2018 in Motor Vehicle Accident Claim Case No.36 of 2017 passed by learned District Judge-I-cum-MACT, Pakur whereby the claimants namely, Smt. Bale Tudu and Sahebram Murmu have been awarded compensation to the tune of Rs.9,37,200/- along with interest @ 7% per annum from the date of filing of this claim application till the actual date of payment. Out of the total amounts, 50% shall be kept separately under termed deposit in a Nationalize Bank for a period of three years in the name of claimant no.1 Bale Tudu, but shall not be withdrawn before the expiry of period. However monthly interest shall be paid to her.
(3.) Learned counsel for the appellant has assailed the impugned award on the ground that the Insurance Company was debarred by the learned Tribunal from filing the written statement, as such, necessary facts could not be brought on record before the learned Tribunal for proper adjudication of the issues.;