ANAMIKA MONDAL Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal is at the instance of a claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 7th June, 2006 passed by the Motor Accident Claims Tribunal, District- 24-Parganas (South) and Fast Track Court-III, Alipore, in M. A. C. Case No. 171 of 2006 thereby disposing of the proceeding by awarding a sum of Rs. 3,50,000/-as compensation for the injury caused to the appellant. The Insurance Company was directed to pay the said amount within two months with the stipulation that in default of such payment within the said period, the amount would carry simple interest at the rate of 6% per annum from the date of filing of the application (7th January, 2003) till realisation in full.

(2.) BEING dissatisfied, the claimant has come up with the present appeal.

(3.) THERE is no dispute as regards the involvement of the offending vehicle in the accident resulting in the injury to the claimant and the fact that due to fault on the part of the driver of the offending vehicle, the accident occurred. It is an admitted fact that the offending vehicle was covered by the insurance of the United India Insurance Company Ltd. According to the claimant, she was an assistant teacher of a secondary school having qualification of M. A. (Bengali) with B. Ed. and was aged 28 years at the time of accident. Her net salary at the time of accident was Rs. 9,327/- a month. In the application, she claimed a total amount of Rs. 11 lakh as compensation including the amount spent for medical treatment. It appears from the medical certificate issued by the doctor that due to the accident she became permanent disabled to the extent of 50%.