Narayan Chandra Ghosh v. National Insurance Co. Ltd.
2000-09-05
J.N.SARMA
body2000
DigiLaw.ai
I have heard Mr. S. Deb, learned senior counsel for the appellant. None appears for the respondents. 2. This appeal has been filed against the judgment dated 13.6.1995 passed by the Member, Motor Accident Claims Tribunal, South Tripura, Udaipur in Case No.TS (MAC) 10 of 1994. 3. The admitted position in this case is that there was an accident on 18.9.1993 while the claimant-appellant was coming to Agartala from Udaipur. It is further admitted that because of the accident the claimant-appellant suffered a fracture in his left forearm and he was on leave for a period of 74 days. It is the further admitted position that the claimant-appellant was treated at GB Hospital, Agartala where this fracture was plastered. Some other cases arising out of this accident c were settled in the Lok Adalat on 3.5.95, but this case would not be settled as the parties did not appear. The learned Tribunal on consideration of materials on record awarded a sum of Rs.5,500. Even no interest was paid. 4. The mandate of section 168 of the Motor Vehicles Act, 1988 is that the Tribunal is to make an Award determining the amount of compensation which appears to be just. This aspect of the matter came up for consideration before the Apex Court in AIR 1980 SC 1354 (NKV Bros (P) Ltd vs. M. Karurnai Animal & others etc) wherein the Supreme Court pointed out as follows : “A second aspect which pains us is the inadequacy of the compensation or undue parsimony practised by Tribunals. We must remember that judicial Tribunals are State organs and Article 41 of the Constitution lays the jurisprudential foundation for State relief against accidental disablement of citizens. There is no justification for niggardliness in compensation.” That is what happened in the instant case. 5. Accordingly, the amount of compensation is enhanced to Rs.25,000 with interest at the rate of 12% per annum on the whole amount from the date when it became due. The insurance company is liable to pay the entire amount. 6. The appeal is allowed to the extent as indicated above.