Chiranjit Saha vs Animesh Roy And Ors

This appeal is filed by the original claimant seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala by impugned award dated 24.06.2017.

Brief facts are as under:

On 03.04.2013 the claimant along with a companion was standing near a petrol pump. At that time a heavy vehicle owned by the respondent No.1 and insured by the respondent No.2, Insurance Company was brought there for checking air pressure in the tyres. While this process of filling air and checking the pressure was going on, the tyre of the vehicle suddenly burst causing injuries to the claimant and his companion. The claimant was taken to a nearby hospital from where he was shifted to Kailashahar Hospital. He was thereafter referred to G.B.P. Hospital, Agartala. From there he was further treated at Silchar as an indoor patient from 04.04.2013 to 16.04.2013. According to the claimant, even thereafter he had to take extensive medical treatment at the hands of private doctors. The claimant, therefore, filed a claim petition seeking compensation of Rs.17,82,000/- from the owner and insurer of the vehicle involved in the accident.

Before the Claims Tribunal the respondents opposed the claim contending that the claimant did not receive injuries in a vehicular accident. There was no negligence or rash driving of the vehicle and, therefore, motor accident claim petition was not maintainable. The Claims Tribunal rejected such a contention referring to certain decisions of the Supreme Court holding that the term "arising out of use of a motor vehicle" is wider than "arising out of a motor accident". It was thus held that the claim petition was maintainable.

On the score of quantum of compensation, the Tribunal awarded an amount of Rs.50,157/- towards medical expenditure, Rs.10,000/-for pain, shock and suffering, Rs.20,000/- for permanent impairment on account of damage to the petitioner's femur shaft. However, no compensation was awarded for future loss of income on the ground that the petitioner had not proved his permanent disablement. The petitioner had produced at Exhibit-4 a certificate of the Disability Board certifying that he had suffered 40% temporary disablement. The Tribunal did not accept this certificate on the ground that the doctor was not examined. The Tribunal awarded actual loss of salary for 4(four) months of incapacity @ Rs.5,000/-per month. The Tribunal awarded a total compensation of Rs.1,00,157/-.

This award the claimant has challenged in the present appeal seeking enhancement of the compensation. Appearing for the appellant, learned counsel Mr. A. Nandi submitted that the disability certificate was exhibited without a protest from the insurance company. The certificate was dated 17.03.2016. The accident took place on 03.04.2013. Thus nearly 3(three) years after the accident, the claimant still suffered disability. The Disability Board as per the prevalent practice has granted certificate of disability only for a limited period. However, since the claimant was suffering disability 3(three) years later, it can be safely presumed that such disability was permanent in nature. He submitted that if at all the claim petition should be remanded for fresh consideration giving opportunity to the claimant to examine the doctor and to produce the latest disability certificate.

Though served, no one appeared for the respondents.

Mere exhibiting a certificate of disability does not prove the contents thereof. The claimant had to examine the doctor who could have been cross-examined by the opponents on the contents of such a certificate. The Claims Tribunal was, therefore, correct in not acting on the basis of such a certificate. It is true that one course open to the Court in such a situation would be to give an opportunity to the claimant to examine the doctor. However, in order to avoid further protraction of the litigation, I propose to consider the material already on record and make broad estimations for the purpose of arriving at a just compensation that should be awarded to the claimant.

The record would show that the claimant received serious bodily injuries on the head and on the hand. He had to be treated as an indoor patient for close to 15(fifteen) days. During such period, he had incurred medical expenditure of Rs.50,157/-. Nearly 3(three) years after the accident when the Disability Board examined the claimant, his injuries had not fully healed. However, the suggestion of 40% disability as a body as a whole cannot be accepted since all that the certificate (Exhibit-4) suggests is that the claimant was suffering from stiffness in the hip joint. Nevertheless, it can be easily seen that the claimant would suffer some inconvenience lifelong restricting his full range of movements. At the time of the accident, he was aged about 18 years. He, therefore, has a long life ahead of him. He was stated to be working as a helper in a truck. The Claims Tribunal had believed his income to be Rs.5,000/- per month. Going by such considerations, the claimant would be entitled to compensation as under:

Rs.50,157/- for medical expenditure;

Rs.50,000/- also consolidated for pain, shock and suffering and loss of enjoyment of amenities of life;

Rs.20,000/- for actual loss of income for 4(four) months; and Rs.1,00,000/- for future loss (which would be worked out approximately if one takes 10% permanent disability, Rs.5,000/- as the current income with 40% rise for future).

Total : Rs.2,20,157/-

(Rupees two lakh, twenty thousand, one hundred fifty seven)

The claimant shall receive enhanced compensation with simple interest @ 7% per annum from the date of filing of claim petition till actual payment. Such amount shall be deposited before the Claims Tribunal by the Insurance Company within a period of 2(two) months from today. Upon such deposit, the Claims Tribunal shall release 30% in favour of the claimant. Remaining 70% amount would be invested in any nationalized bank in a fixed deposit for a period of 3(three) years with cumulative interest. Upon completion of the said period, the amount will be paid over to the claimant through account payee cheque.

The appeal is disposed of accordingly.

Pending application(s), if any, also stands disposed of.

Records be transmitted to the Claims Tribunal.