NEW INDIA ASSURANCE CO. LTD. Vs. MITHU SK.

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and award dated November 29, 2021 passed by the learned Judge Motor Accident Claims Tribunal Cum Additional District Judge, Fast Track Court, 7 th Court at Alipore, South 24 Parganas, in M.A.C. case No. 17 of 2018.

(2.) The brief fact of the case is that the present respondent no.1 being an injured preferred an application before the learned Tribunal under Sec. 166 of the Motor Vehicles Act for getting compensation from the Insurance Company on the ground that he suffered severe bodily injury in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the insurance company. By such accident he became permanent disabled, so he prayed for just and proper compensation. The Insurance Company initially appeared but did not contest the matter or never filed any written statement or any application under Sec. 170 of the M.V. Act. The learned Tribunal proceeded to here the matter ex parte against the Insurance Company and against the owner of the offending vehicle.

(3.) After hearing the parties, the learned Tribunal has awarded a sum of Rs.25,97,529.00 towards the compensation in favour the claimant along with 7% interest per annum from the date of filing of the claim case. The learned Tribunal has directed the Insurance Company to pay the compensation.