AMIT BAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE learned Judge of 3rd Court, Motor accident Claim Tribunal, Midnapore (West)while disposing of M. A. C. Case No. 115 of 2003 of his file brought by Sri Amit Bar and another against the National Insurance Co. Ltd. by his order dated 26th July, 2004 determined a compensation amount of rs. 52,000/- in favour of the claimants and directed the National Insurance Co. Ltd. to pay the compensation amount.

(2.) SRI Amit Bar and another being dissatisfied with the quantum of compensation amount determined by the learned Tribunal in their favour preferred f. M. A. T. 2829 of 2004, while, the National insurance Co. Ltd. being aggrieved by and dissatisfied with the order of the Tribunal directing it to pay the compensation amount preferred F. M. A. T. No. 3086 of 2004.

(3.) BY an order dated 13th November, 2006 recorded in the file of F. M. A. T. No. 2829 of 2004, a Division Bench of this Court was of the view that when F. M. A. T. No. 2829 of 2004 and F. M. A. T. No. 3086 of 2004 arose out of a common order of the Tribunal, both the appeals should be heard together and since the issue involved in both the appeals mainly relates to a question of law as to whether the claimants being the legal heirs of the deceased are entitled to get compensation, without calling for the Lower Court record, the question would be considered and for that purpose both the appeals should be posted 'for orders' to decide the question of law as referred to.