ORIENTAL INSURANCE CO.LTD. Vs. BADALI MONDAL

JUDGEMENT

(1.) THE insurance company is the appellant. It is aggrieved by an award of the Motor Accidents Claims Tribunal, Asansol dated September 25,2013.

(2.) THE claimant was the mother of a bachelor victim who was killed in the motor vehicle accident concerned. The claims tribunal granted her compensation without interest. It directed deduction of one -third towards the victim's personal and living expenses. The insurance company is aggrieved by this. Its contention is that since the victim was a bachelor, the claims tribunal ought to have deducted 50% towards his personal and living expenses. The claimant has filed CAN No.1569 of 2014 for an order permitting her to withdraw the amount of compensation deposited by the insurance company under terms of the stay order passed in CAN No.11171 of 2013.

(3.) THE position being as noted hereinbefore, we are of the view that the appeal itself should be disposed of dispensing with all the formalities. Hence the CANs lose their significance. Fifty per cent deduction is to be ordered and the claimant is to be granted 8% p.a. interest. For these reasons, we allow the appeal and dispose of the CANs No.11171 of 2013( not appearing, treated as on the day's list by consent) and No.1569 of 2014 ordering as follows.