UNITED INDIA INSURANCE COMPANY LTD. Vs. MEERA DEVI

JUDGEMENT

(1.) The present miscellaneous appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 challenging the award of compensation dtd. 19/5/2017 passed by learned Motor Accidents Claim Tribunal-cum-District and Additional Sessions Judge-IV, Dumka in Motor Accident Claims Case No. 84/2014, whereby and whereunder the appellant - Insurance Company has been directed to pay compensation amount of Rs.3,45,000.00 along with interest @ 6% per annum as compensation to the claimant / injured Meera Devi.

(2.) Factual matrix giving rise to this appeal is that one Meera Devi, aged about 42 years was returning to her home after selling vegetables and reached near Hansdiha-Godda main road on 26/3/2014 at about 3:00 P.M. meanwhile, a Bolero Vehicle bearing registration no. JH-09P-1393, being driven in rash and negligent manner by its driver dashed her, causing severe injuries on her head and waist and she became unconscious. She was brought to Saraiyahat Hospital, from where she was referred to higher center and got her further treatment at Jawahar Lal Nehru Medical College, Bhagalpur and after long treatment, she cannot recover from her injuries and permanent Disability Certificate was issued by Civil Surgeon, Dumka showing 40% permanent disability (Pmt. Trochlea deficiencies right lower limb. It is alleged that claimant was engaged in vegetable selling and earning Rs.200.00 per day and due to accident, she has lost her job and claimed Rs.3.00 lakhs as compensation.

(3.) Upon service of summons, the owner of the offending vehicle and the United India Insurance Company Limited (appellant) appeared and filed their respective written statements.