NEW INDIA ASSURANCE CO. LTD. Vs. SARASWATI SARDAR

JUDGEMENT

(1.) This appeal is preferred against the judgment and award dtd. 3/6/2017 passed by learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunal, 4th Court, Alipore, South 24 Parganas in M.A.C. Case No. 56 of 2009 granting compensation of Rs.4,15,000.00 together with interest in favour of the claimant under Sec. 163A of the Motor Vehicles Act, 1988.

(2.) The brief fact of the case is that on 18/1/2009 while the victim, aged about 12 years, was returning home after completing her dance class and when she got down from the bus at Duilya Transformer More, the offending vehicle bearing registration no. WBI-8139 (truck) dashed the victim from behind, as a result of which the victim sustained severe injuries all over her body and succumbed to her injuries soon after the accident. On account of sudden demise of the victim, the claimant being the mother of the victim filed application for compensation of Rs.3,05,000.00 together with interest under Sec. 163A of the Motor Vehicles Act, 1988.

(3.) The claimant in order to establish her case examined herself and produced documents which have been marked as Exhibits-1 to 8 respectively.