JUDGMENT :

PROTIK PRAKASH BANERJEE, J:

FMAT 1077 of 2013

1. This is an appeal of an insurance company from an award dated March 4, 2012 of the Motor Accident Claims Tribunal, 12th Court at Alipore, passed in M.A.C.C. No.184 of 2004 under Section 166 of the Motor Vehicles Act, 1988, for just compensation for the injury suffered by the victim, 1st respondent/cross objector (hereafter the victim, for short) resulting in loss of a limb. Though the victim had claimed a sum of Rs.35,42,500/- along with interest, the Tribunal was pleased to grant only Rs.12,00,517/- with simple interest @ 6% per annum from the date of appearance of the insurance company in the proceedings before it, that is to say, December 2, 2004, on the basis of the amounts found to be payable. The insurance company contested the proceedings in the Tribunal on many grounds including an allegation that the accident was due to the negligence of the victim but could prove none of them. Hence the appeal by the insurance company, which challenged not only the quantum awarded, but also whether a part of the compensation awa