PROTIK PRAKASH BANERJEE,J. - (1.) F.M.A.T. 650 of 2018 is an appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the 'Act') challenging the correctness of the award dated 8th May, 2018 passed by the Motor Accident Claims Tribunal, Alipore, 24-Parganas (South) in MAC Case No. 6 of 2010, registered on an application under Section 166 of the Act. The appellant was the opposite party no. 2 before the tribunal.
(2.) The claimant before the tribunal, respondent no. 1 before us, had been run over by the offending lorry, when she was 18 years old. It appears from a reading of the impugned award that she sustained serious injuries all over her body and lost her capacity to bear a child. Dr. Dipak Mitra, PW-5, had certified the extent of physical disability of the claimant to be 80% of the whole body. The tribunal upon considering the oral and documentary evidence led before it returned a finding that the opposite party no. 2 having covered the offending lorry by issuing a policy, it was liable to bear compensation which was worked out at Rs. 8,75,566/-. Such sum was directed to carry interest @ 8% per annum from the date of filing of the claim application till issuance of the cheque for payment which was directed to be made over by the opposite party no. 2 within two months.
(3.) Aggrieved thereby, the opposite party no. 2 before the tribunal (hereafter the appellant) is in appeal before us.;