Bankesh Choudhuri, son of late Bhabani Choudhuri v. Samarendra Lal Roy, son of late Manindra Lal Roy
2017-02-20
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT & ORDER : 1. Heard Mr. K.K. Pal, learned counsel appearing for the appellant as well Mr. P. Gautam, learned counsel appearing for the respondent No.2. None appears for the respondent No.1, despite due notice from this Court. 2. This appeal under Section 173 of the Motor Vehicles Act arises from the judgment and award dated 05.04.2016 delivered in T.S. (MAC) No.360 of 2012 by the Motor Accident Claims Tribunal, No.1, West Tripura, Agartala. 3. The grounds of objection as raised in this appeal hinge on two aspects viz. (i) that no compensation for future treatment has been granted by the tribunal and (ii) that similarly, no compensation has been granted by the tribunal for loss of amenities of life that the claimant-appellant has consequently suffered in the road traffic accident. At the outset, it may be noted that the basic facts of the accident viz. involvement of the offending vehicle bearing registration No.TR-01-AA-0688 [Maruti Alto Car] in the accident and its insurance coverage by the respondent No.2 are not in question. 4. On 17.02.2012 when the claimant-appellant was returning to his house at Jangalia riding his bicycle on keeping the left side of the road, the said vehicle coming with a high speed dashed the appellant and he fell from the bicycle to the roadside and was immediately shifted to the Bishalgarh hospital. Therefrom, the appellant was referred to GBP hospital, Agartala. On 19.02.2012 he was referred to SSKM hospital at Kolkata. The appellant was taken to Kolkata on the very day itself, but as there was no seat available in the SSKM hospital, he was compelled to take admission in AMRI hospital at Kolkata and he was treated therein. In the said hospital the appellant was treated for the period from 19.02.2012 to 05.03.2012. Coming from Kolkata, he was treated at TMC & Dr. BRAM Teaching Hospital, Hapania from 19.03.2012 to 10.06.2012 and from 13.06.2012 to 16.06.2012. Ultimately for the said injury, he was declared permanently disabled by the District Standing Medical Board by their certificate dated 05.03.2016, Annexure-16 to the appeal. In the said disability certificate dated 05.03.2014, the appellant has been assessed having 45% disability in the category of Locomotor Disability as the appellant’s right leg was seriously impaired for the said accident.
Ultimately for the said injury, he was declared permanently disabled by the District Standing Medical Board by their certificate dated 05.03.2016, Annexure-16 to the appeal. In the said disability certificate dated 05.03.2014, the appellant has been assessed having 45% disability in the category of Locomotor Disability as the appellant’s right leg was seriously impaired for the said accident. However, a re-assessment of the status had been recommended after 5(five) years and thus, the validity of the said disability certificate was made till 05.03.2019. 5. Dr. Dipti Bikash Roy [PW-2] was brought by the appellant as his witness who has stated that after due examination, the said certificate was issued to the appellant. The tribunal has also considered the said certificate while passing the impugned judgment along with other documentary or oral evidence. The tribunal after assessment has awarded a sum of Rs.1,17,850/- as the medical expenses and miscellaneous expenses. The claimant-appellant had submitted the final bill of AMRI hospital at Kolkata which reflects the expenses of treatment in the said hospital. According to the AMRI hospital, the claimant-appellant has expended a sum of Rs.1,53,000/-. Another sum of Rs.24,350/- was also granted for treatment for the period from 23.02.2013 to 26.02.2013. The appellant has been granted a sum of Rs.73,650/- for to and fro journey to Kolkata. Further sum of Rs.23,050/- and Rs.7,400/- were also awarded respectively for to and fro journey to Kolkata with one escort for review treatment. Considering the nature of the injuries an additional sum of Rs.1,00,000/- has been awarded by the tribunal for pain and sufferings. Thus, the total compensation as awarded came to Rs.4,99,300/-, payable with interest @9% per annum from the date of filing of the claim petition i.e. 14.08.2012. The tribunal has also observed as under: “Disablement Certificate marked Exbt.16 shows that the claimant petitioner sustained 45% disability in his right leg with restricted movement due to fracture right tibia and recommended for reassessment after five years. In support of the disablement certificate he has examined Dr. Dipti Bikash Roy who has opine that the claimant petitioner could not walk speedily and will have difficulty in moving to upstairs.” 6. Having appreciated the submissions made by the learned counsel namely, Mr. K.K. Pal, learned counsel appearing for the appellant and Mr. P. Gautam, learned counsel appearing for the respondent No.2 who has resisted the submission of Mr.
Dipti Bikash Roy who has opine that the claimant petitioner could not walk speedily and will have difficulty in moving to upstairs.” 6. Having appreciated the submissions made by the learned counsel namely, Mr. K.K. Pal, learned counsel appearing for the appellant and Mr. P. Gautam, learned counsel appearing for the respondent No.2 who has resisted the submission of Mr. Pal, learned counsel, stating that the compensation has been awarded reasonably and no further addition is warranted in the circumstances of the case, this court is of the opinion that the tribunal has omitted to make any compensation for loss of amenities of life. On account of loss of income, no amount has been awarded as the appellant is a Government employee and his service has not been affected in any manner. Despite the reservation as expressed by Mr. Gautam, learned counsel, this court is of the view that the tribunal ought to have awarded a substantial sum for loss of amenities to the appellant and as such, this court is inclined to give another sum of Rs.1,00,000/- (Rupees one lac) to the claimant-appellant for loss of amenities. Thus, the total compensation would come to Rs.5,99,300/- (Rupees Five lacs Ninety Nine thousand Three hundred) with 9% interest from the date of filing of the claim petition i.e. 14.08.2012. The respondent No.2, the National Insurance Company Ltd. is directed to pay the said compensation within a period of 1(one) month from today after deducting the sum, if any, they have already paid. The appellant shall be entitled to receive the entire award from the tribunal on proper identification. The appeal, therefore, stands allowed to the extent as indicated above. There shall be no order as to costs. Send down the LCRs forthwith. A copy of this judgment and order be furnished to the learned counsel appearing for the parties.