NEW INDIA ASSURANCE CO LTD Vs. SHYAMSUNDAR HALDER

JUDGEMENT

(1.) THIS appeal is at the instance of the Insurance Company and is directed against an award dated 25th June, 2006 passed by the learned additional District Judge/motor Accident Claims Tribunal, 4th Court, Alipore in MAC Case No. 73 of 2007 thereby disposing of a proceeding under Section 163a of the Motor Vehicles Act by directing the Insurance Company to pay a sum of Rs. 4,00,000/- as compensation.

(2.) THERE is no dispute about the involvement of the victim in the accident resulting in the death and the fact that the involved vehicle was covered by the New India Assurance Company Limited.

(3.) THE grievance of Mr. Das, the learned Advocate appearing on behalf of the appellant/insurance Company, in this appeal is that the learned tribunal below in fixing the amount did not take into consideration the age of the victim and at the same time, erred in law in treating her income as rs. 3,000/- a month notwithstanding the fact that it was established from evidence that her husband was earning a sum of Rs. 2,200/- a month by doing a job.