Kalimohan Debnath, S/o late Priyamohan Debnath v. Jaya Deb, W/o Sri Bijoy Chandra Deb
2018-06-28
ARINDAM LODH
body2018
DigiLaw.ai
JUDGMENT : 1. This is an appeal directed against the judgment and award dated 12.08.2014 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 278 of 2012. 2. Heard Mr. R. Datta, learned counsel appearing on behalf of the appellant as well as Mr. P. Gautam, learned counsel appearing on behalf of the respondent no.5 and Mr. P. Chakraborty, learned counsel appearing on behalf of the respondent no.4. 3. The facts in short outlined here by the appellant is that on 12.02.2011 at about 11.00 hours, the injured claimant was proceeding from Durga chowmuhani towards Chandinamura by an auto rickshaw bearing registration no. TR-01-A-4206 and when it had reached at Bhati Abhoynagar in front of the Albert club, the said auto truck bearing registration no. TR-01-H-1769 which was coming from the opposite direction at high speed rashly and negligently dashed the auto rickshaw resulting the injury as well as fracture of his leg, hand and head and other parts of the body. Due to this injury, the injured claimant became unconscious. He was shifted to AGMC & GBP hospital where he remained admitted from 12.02.2011 to 16.03.2011 i.e. for 25 days. After that also his treatment was continuing. 4. It was the case of the claimant that he was a vegetable vendor and he used to earn Rs. 10,000/- per month. He claimed compensation @ Rs. 5 lakh. All the respondents in this case appeared before the tribunal and contested the suit by filing their respective written statement. 5. The learned tribunal on consideration of the fact of the accident held that the claimant suffered injury due to the accident caused by both the vehicles. While determining the compensation, the learned tribunal has awarded Rs. 58,110. 6. Having heard Mr. Datta, learned counsel appearing on behalf of the appellant, it is understood that his main grievance was for non-granting of any amount against non-pecuniary loss i.e. for pain and suffering. 7. I have gone through the finding and decision arrived at by the tribunal and the reasoning given in his finding. I find no discrepancy in his reasoning to determine the compensation of Rs. 58,110/-. However, the claimant must have experienced serious pain and injury due to the said severe injury, atleast the nature of injury substantiates this fact. Hence, according to me a sum of Rs.
I find no discrepancy in his reasoning to determine the compensation of Rs. 58,110/-. However, the claimant must have experienced serious pain and injury due to the said severe injury, atleast the nature of injury substantiates this fact. Hence, according to me a sum of Rs. 20,000/- (rupees twenty thousand) only if awarded by this court against pain and suffering, that would render justice to the claimant-injured. Accordingly, I enhance the award from Rs. 58,110/- to Rs. 78,110/-. The insurance companies are directed to pay the awarded amount to the claimant-appellant within a period of 3(three) months from today in terms of the judgment of the tribunal. The interest would be calculated from the date of the accident. Both the insurance companies are liable to pay the enhanced amount in equal share. 8. With this aforesaid direction and observation, this appeal is partly allowed. Send down the LCRs.