- (1.) The United India Insurance Co. Ltd. preferred this appeal under Section 173 M.V. Act, 1988 challenging the judgement impugned and award passed on 25th February, 2003, by Learned Judge M.A.C. Tribunal, XI Court, 24 Parganas (S), Alipore in MAC case No.573 of 1997, on the grounds, inter-alia, that the Learned Tribunal has wrongly directed payment of interest on default clause as per the provision of the Motor Vehicles Act, 1988 and rules framed there under and that the award has not been assessed in terms of the provision of the Workmen's Compensation Act, 1923, read with provisions of M.V. Act, 1988.
(2.) Brief facts leading to the instant appeal is that on 22.06.1997 at about 3.00 P.M. respondent met an accident by a taxi and suffered severe injuries including fracture in his right hand resulting in permanent disability for which he could not lead his normal life. Over the said incident Barasat P.S. Case No.201 dated 22.06.1997 under Sections 279 / 339 Indian Penal Code was started against the driver of the offending taxi. Accordingly, respondent as petitioner before the claim Tribunal prayed for compensation amounting to Rupees Five Lacks Forty thousand (Rs.5,40,000/-) from the Opposite Parties viz. the owner of the offending vehicle O.P. No.1 and the Insurer United India Insurance Limited Company O.P. No.2.
(3.) The appellant as Opposite Party No. 2 contested the claim case by filing written statement denying and disputing the fact of injury with permanent disablement allegedly suffered by the respondent and also disputed the involvement of vehicle in the accident and accordingly the opposite party no.-2 prayed for dismissal of the case. After framing of issues, the Ld Claim Tribunal allowed the claim application on contest against the Opposite Party No. 2 the appellant herein and ex-parte against the Opposite Party No.1 awarding an amount of Rupees Four Lacks Thirty-five thousand (Rs.4,35,000/-) as compensation directing the opposite party no.1 by issue of an account payee cheque in favour of the claimant within two months from the date of the order in default the amount of compensation shall carry an interest at the rate of nine per cent from the date of filing the application i.e. on 07.11.1997 till payment.;