UNITED INDIA ASSURANACE COMPANY LIMITED Vs. SUBHOMOY NAG

JUDGEMENT

(1.) THESE two appeals were heard analogously as those are filed against a common award dated 21st May, 2007 passed by the additional District Judge, Eleventh Court, Alipore, and the Motor Accident claims Tribunal, South 24-Parganas, in M. A. C. Case No. 251 of 2002 thereby disposing of an application under section 166 of the Motor Vehicles Act by directing the Insurance Company to pay a sum of Rs. 30,87,500/-towards the compensation along with interest at the rate of 6 percent per annum on the awarded sum from the date of filing of the application until the actual payment was made.

(2.) BEING dissatisfied, both the claimants and the Insurance Company have preferred these two appeals.

(3.) ACCORDING to the claimant, he was injured in an accident on 5th september, 2000 at about 10 a. m. when the driver of the offending Lorry bearing No. WMH-5070 drove the same in a rash and negligent manner and dashed the victimised stationary car of which the claimant was a passenger. Due to such accident, according to the claimant, he was seriously injured and steel plates had been set on his left hand, as a result, he was unable to perform M. R. I, job which is part of his occupation. The applicant claimed that the driver of the offending Lorry was solely responsible for the accident.