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Tripura High Court · body

2017 DIGILAW 59 (TRI)

Sanjoy Debnath, son of late Ramani Mohan Debnath v. Nikhil Chandra Das, son of Suresh Chandra Das

2017-01-24

S.TALAPATRA

body2017
JUDGEMENT AND ORDER : 1. Heard Mr. S.B. Debnath, learned counsel appearing for the appellant as well as Mr. P. Gautam, learned counsel appearing for the respondent no.2, the Oriental Insurance Company Limited. Despite due notice from this court, none appears for the respondent no.1. 2. This appeal arises from the judgment and award dated 14.07.2015 delivered in T.S. (MAC) 219 of 2013 by the Motor Accident Claims Tribunal, West Tripura, Agartala at the instance of the victim who suffered serious injury in the accident which occurred on 04.09.2012 when the appellant was returning to his house from Agartala by riding the motorbike bearing registration No. TR-01-E-4857. The appellant was dashed by another motorbike bearing registration No. TR-01-P-6309. As a result, he received multiple injuries over his body. He was immediately taken to the GBP hospital and was admitted there for a day, but on medical advice, he was taken to Kolkata for better treatment. He was admitted in the AMRI hospital. He was treated there, from 07.11.2012 to 16.11.2012. A major operation was done on his face. From the Kolkata hospital, he went to the Christian Medical College, Vellore for further treatment. He remained admitted there from 28.01.2013 to 30.01.2013. In that hospital also, a reformative operation was carried out on his face. An iron plate was inserted in his mouth. According to the appellant, he spent about Rs.5 lakh for treatment of his injuries. When he suffered the injuries he was aged about 38 years and a Fixed Pay Government employee earning Rs.7,200/- per month. According to him, he had sustained the financial loss for the said accident and thus, he claimed a total sum of Rs.9,90,000/- as the compensation. On recording the evidence and appreciating the same, the Tribunal awarded a sum of Rs.2,93,745/- as compensation which shall carry interest @9% per annum from the date of filing of the claim petition i.e. 27.05.2013 till payment. 3. Mr. Debnath, learned counsel appearing for the appellant has submitted that the amount awarded for pain and suffering is too inadequate in consideration of what the appellant had suffered for the said accident. Apart that, for disfiguration and intervening surgery the petitioner is going to lose the amenities of life. He has further submitted that even no amount has been granted for future treatment. 4. From the other side, Mr. Apart that, for disfiguration and intervening surgery the petitioner is going to lose the amenities of life. He has further submitted that even no amount has been granted for future treatment. 4. From the other side, Mr. Gautam, learned counsel has in order to repel the submission of Mr. Debnath, learned counsel submitted that the amount that has been given is reasonable and just. No further enhancement is warranted in the circumstances of this case. 5. For appreciating the submission of the learned counsel, this court has examined the records and found that the components of the award such as, Rs.5,000/- for engaging attendants, Rs. 1,95,998/- for purchasing medicine, Rs.48,746/- for journey from Agartala to Chennai and Kolkata and a sum of Rs.24,000/- in respect of loss of earning are not required to be interfered with but the amount that has been awarded for the pain and suffering at Rs.20,000/- warrants to be interfered with. 6. Having regard to the nature of injuries, this court is of the view that a sum of Rs.50,000/- for pain and suffering would be adequate. Another sum of Rs.50,000/- be awarded for loss of amenities in life. Thus, the total compensation would come to Rs. 3,73,745/-. The said amount shall carry interest @9% per annum from the date of filing the claim petition i.e. 27.05.2013 till the entire payment is made. 7. Mr. Debnath, learned counsel appearing for the appellant has submitted that the respondent no.2 has deposited the entire amount in terms of the judgment and award dated 14.07.2015. Hence, the respondent no. 2 shall deposit in the tribunal the additional amount of Rs.80,000/- as enhanced by this court with interest @9% per annum from the date of filing the claim petition within 2(two) months from today. On such deposit, the claimant appellant will be entitled to receive the entire sum from the tribunal below. 8. Accordingly, this appeal stands partly allowed to the extent as indicated above. There shall be no order for the proceeding cost. Send down the LCRs forthwith.