SANTI MISHRA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard Mr. S. Dutta, the learned counsel for the appellant as well as Mrs. S. Roy, the learned counsel for the respondent No.1. None appears for the respondents No.2 & 3.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and order dated 19.03.2009 passed by the learned Member, MACT, Cachar, Silchar in MAC Case No. 1234/2004. This appeal has been filed for enhancement of the award. The appellant/claimant is the mother of Ms. Shibani Mishra, the victim.

(3.) The brief facts of the case is that on 29.06.2004 at around 10:00 AM while the daughter of the appellant was proceeding towards her school at Barjalenga Duk Bunglow, a Maruti Van bearing Registration No. AS-24/3663 proceeding in the same direction hit the daughter of the appellant from behind. As a result of the accident, the daughter of the appellant suffered fractured in the pelvic bone and was hospitalized from 01.07.2004 to 08.07.2004 at Silchar Medical College Hospital (for short, 'SMCH'). Claiming a sum of Rs.2,60,000/- under various heads, the claim petition was filed before the learned Member, MACT, Cachar, Silchar.