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Judgment
[1] Heard Mr. I. Chakraborty, learned counsel appearing for the appellant as well as Mr. S. Bhattacharjee, learned counsel appearing for the respondent No. 1. Also heard Mr. K. Bhattacharjee, earned counsel appearing for the respondent No. 2, the Oriental Insurance Co. Ltd.
[2] By means of this appeal under Section 173 of the Motor Vehicles Act, 1988, the judgment and award dated 11.09.2013 delivered in T. S (MAC) 326 of 2010 by the Motor Accident Claims Tribunal , West Tripura, Agartala has been challenged on the ground that compensation as awarded is not only unreasonable it is not proportionate to the loss that has been suffered by the appellant in the road traffic accident which occurred on 20.06.2010.
[3] The appellant on that day was returning home by riding a bicycle through the Ramchandraghat Lal Tilla Road. All on a sudden, the offending vehicle bearing registration No. TR- 01-E-1548 (DI Truck) coming from the opposite direction, in an un-controllable speed, dashed the appellant. He fell on the road and sustained grievous injuries on his head, nose, face, ear, chest, waist etc. The said vehicle was being driven rashly and negligently. The appellant was immediately rushed to the Khowai Sub-Divisional Hospital and thereafter, he was referred to the GBP Hospital at Agartala. The appellant was in a precarious condition struggling for his life.
[4] Mr. I. Chakraborty, learned counsel appearing for the appellant has drawn attention of this Court to the recording documents which are the C.T. Scan report of brain the impression gathered from those C.T. Scan. For purpose of reference, the findings of C. T. Scan and impression available at Exhibit-3 series [C. T. Scan report dated 21.06.2010] are extracted hereunder:
"FINDINGS
Medulla, pons and mid brain reveals no obvious abnormality. Fourth ventricle is normal in size, shape and position. Cerebellar hemispheres are normal on both sides.
Basal subarachnoid cisterns, sylvian fissures and cortical sulci are normal.
Third ventricle and both lateral ventricle are normal with septum in midline.
Brain parenchyma is normal and shows no abnormal attenuation.
Fracture of the nasal bone and the lamina papyracea is seen on both sides.
Blood is noted within both ethmoidal sinuses.
IMPRESSION
C.T. Scan study of brain reveals no detectable intra- cranial abnormality. Fracture of the nasal bone and the lamina papyracea is seen on both sides. Blood is noted within both ethmoidal sinuses.
Dr. Nilanjana Datta Chaudhuri
MD (Radio-Diagnosis)
Consultant Radiologist"
[5] Mr. Chakraborty, learned counsel appearing for the appellant has further submitted that for such loss the appellant has become substantially incapacitated to maintain his earning. However, Mr. Chakraborty, learned counsel has fairly submitted that for assessment of the loss of income, no medical expert has been examined by the appellant. He has urged this Court to award a reasonable compensation on appreciating the documents and byway of a guess work.
[6] Mr. K. Bhattacharjee, learned counsel appearing for the respondent No. 2 has submitted that since no expert has been examined there is hardly any scope to decide the matter differently.
[7] Be that as it may, this Court finds that at the time of the accident, the appellant was aged only about 25 years and his nose has been seriously mutilated and as consequence thereof, his sinus track has been affected and those are the permanently impaired.
[8] Apart that, from the thrust generated by the accident, the appellant has suffered serious pain. So far the medical expenses is concerned, this Court finds that the tribunal has awarded the medical expenses based on the vouchers/cash memos so deposited.
[9] Total cost of medicine as awarded by the tribunal is Rs. 15,770/-. That apart, a sum of Rs. 10,000/- has been awarded to the appellant for pain and sufferings. For loss of income, a sum of Rs. 4,000/- was awarded. Thus, the total compensation of Rs. 29,700/- had been assessed and awarded with interest @ 9% from the date of presentation of the claim petition i.e. 30.08.2010 till the date of actual payment.
[10] The penal interest @ 12% has been awarded if the amount is not paid within the prescribed time of 30 days in terms of the said judgment and award. This Court has been persuaded to make a reassessment of the award having regard to the medical records. The components of the compensation are thus revised as under:
For pain and suffering Rs. 50,000/- For cost of medicines Rs. 15,750/-.The appellant must have lost the income for about year and thus, he would get for loss of income at Rs. 48,000/- rounded it off at Rs. 50,000/-. For future treatment Rs. 25,000/- and for loss of capacity by means of the permanent impairment, this Court is of the view that another Rs. 50,000/- be paid to the appellant. Thus, the total compensation would come to Rs. 1,90,754/-.
[11] The said reassessed compensation shall carry interest @ 7% from the date of filing of the application i.e. 30.08.2010. It is made clear that the tribunal has no jurisdiction under Section-171 of the Motor Vehicles Act to impose any penal rate of interest retrospectively. Hence, no further interest would be charged on compensation except what has been awarded by this order.
[12] The respondent No. 2 is directed to deposit the said amount in the tribunal below within a period of 45 days from the day when a copy of this order is received by the respondent No. 2 on deducting the amount, if any, they have already paid in terms of the award passed by the tribunal. On such deposit, the appellant would be entitled to withdraw the said amount on proper identification.
With this observation and direction, this appeal stands allowed to the extent as indicated above. Copy of this judgment and order be furnished to the learned counsel appearing for the parties.