Decided on December 06,1995

Santi Das Appellant
National Insurance Co. Ltd. And Another Respondents

Referred Judgements :-



S. Narayan, J. - (1.)This appeal under Sec. 110-D of the Motor Vehicles Act, 1923 is directed against the judgment dated 26-11 -91 of the Motor Accident Claims Tribunals, Alipore, awarding a sum of Rs. 15,000.00 only under Sec. 110-A of the said Act as compensation alongwith the fixed pendentelite interest of Rs. 3,500.00. The National Insurance Company Ltd., O.P./Respondent No.1, was directed to deposit the said amount with the Tribunal within one month from the day or the award, failing which the awarded sum was directed to carry further interest @ Rs. 12 per cent per annum till realisation. The appellant felt aggrieved of the inadequacy of the compensation as awarded by the Tribunal, and hence was the appeal.
(2.)The facts put in short compass is that on 23-12 36 at about 10.30 a.m., the Claimant/Appellant sustained some injuries on her pet son, as a result of the accident caused due to rash and negligent driving of a matador-van bearing registration No. WMY 1648 in front of Mukta Mancha Bus Stand on Southern Avenue within Lake P.S. The appellant was then a working woman aged about 51 or 53 years having a monthly income of Rs. 2,000.00 per month plus other usual benefits. She was employed as Deputy Office Superintendent of Central Excise Department, Govt, of India. The owner of the Vehicle was Mr. Milan Chatterjee, O.P./Respondent No.2 and the vehicle was insured with National Insurance Company Ltd. i.e. O.P./Respondent No.1. it was only the insurer, who appeared and contested the claim by filing written statement and while admitting the ownership and the insurance coverage of the vehicle at the relevant time but simply denying the alleged rash and negligent driving.
(3.)At the close of the hearing, the Tribunal arrived at a conclusion that the appellant sustained some injuries in the accident caused due to rash and negligent driving of the matador van-in-question and, accordingly, the compensation as noted above was awarded by the impugned judgment. So far the question of liability of the insurer was concerned there was no dispute raised before this Court with regard to the accident having taken place due to rash and negligent driving of the matador-van and also as to certain injuries having been inflicted on the person of the appellant in the said accident. It was only with regard to the quantum of compensation as awarded by the Tribunal that the parties have joined issue before this Court. The appellant's sole grievance was that the compensation as awarded was inadequate with reference to the nature of injuries, she sustained, and the loss or sufferings, which she had out of those injuries.

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