Laxman Mandal vs Krishna Nanda Debnath And Anr.

Heard Mr. S Datta, the learned counsel for the appellant. Also heard Mr. A Gon Choudhury, the learned counsel for the insurance company, respondent No.2.

Dissatisfied with the award dated 30-3-2015 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in Title Suit(M.A.C) No.321/2013 awarding compensation of Rs.94,290/- with interest @ 9% per annum from the date of filing of the claim petition, this appeal has been preferred by the claimant-appellant for enhancement of the compensation amount so awarded.

The facts giving rise to this appeal, as pleade by the claimant, are that on 30-6-2011, at about 13 hrs, when the appellant was proceeding from his work site towards his house for taking lunch by keeping the left side of the road, one Tata vehicle bearing No.TR-01-E-1734 coming from Airport side driven at a high speed, rashly and negligently hit him on his back at a place near Panchabati Kalibari Bridge, Durjoynagar Cooperative, Agartala. As a result, he collapsed on the ground and sustained grievous injuries. He was then shifted to AGMC and GBP Hospital, Agartala where he remained admitted as an indoor patient. As his condition was found to be serious, he was referred to NNC Hospital, Kolkata where he was admitted from 05-7-2011 and was discharged on 12-7-2017. He was, thereafter treated at AMRI Hospital and Peerless Hospital as well as B K Roy Research Centre, Kolkata as an indoor patient. He claimed that even after that he continued his treatment as an outdoor patient at G.B.P Hospital, Agartala and by private doctors. He, ultimately became disabled. He claimed that he spent a sum of Rs.4,00,000/- for treatment of his injuries. He was aged about 55 years at the time of accident and was earning about Rs.12,000/- per month as daily laborer. He, therefore, claimed a compensation of Rs.39,34,000/-.

The claim petition was contested by the respondents by filing their written statements wherein they denied any liability to pay the compensation claimed. On the basis of the pleadings of the parties, the Tribunal framed the following issues :

"1. Did Laxman Mandal sustain any injury on 30.06.2011 at about 1300 hours near Panchabati Kalibari Bridge Durjoynagar on the Agartala Airport road under Airport P.S. in a road traffic accident involving vehicle bearing registration No.TR-01-E-1734(Tata-407) due to rash and negligent driving of the driver of the vehicle?

Is the claimant entitled to get compensation under the provisions of MV Act, 1988? If so, who is liable to pay the compensation and to what extent?"

Though the appellant was allegedly referred to outside hospital, there is no supporting document to prove his allegation. Be that as it may, the Tribunal awarded a sum of Rs.31,211/- towards hospital charge and another sum of Rs.27,560/- for purchase of medicines. These are obviously based on documentary evidence. Though the appellant would like to claim Rs.2,00,000/- for re-imbursement of his actual expenditures, as already noted, he is unable to show any documentary evidence to substantiate his claim to the extent of Rs.2,00,000/-. In that view of the matter, I do not find any infirmity in the award made by the Tribunal on these two counts. However, in so far as the award made under the head of pain and sufferings amounting to Rs.10,000/- is concerned, this is contrary to the decision of the Apex Court, for which no reference is ecessary. In some cases, the Apex Court awarded Rs.1,00,000/- for pain and sufferings and there are also cases where it awarded Rs.50,000/- under this head. Considering the nature of the injury sustained by the appellant in this case, I am of the view that the award under this head needs to be enhanced to Rs.50,000/-. As for enhancement of the compensation under other heads, in the absence of any evidence, there is absolutely no ground to make the enhancement. The limited interference of this Court is, therefore, called for to the extent that instead of Rs.10,000/- a sum of Rs.50,000/- should be awarded for the pain and sufferings suffered by him in the course of accident.

Resultantly, this appeal partly succeeds. The compensation amount payable to the appellant is thus enhanced to Rs.1,34,290/- from Rs.94,290/-. The insurance company (respondent No.2) is, therefore, directed to deposit an additional sum of Rs.40,000/- over and above the amount already awarded by the Tribunal together with interest @ 9% per annum from the date of the claim petition to the Registry of this Court within a period of 2(two) months from the date of receipt of this judgment for payment to the appellant. Any amount already paid or deposited by the respondent No.2 shall be adjusted accordingly. As and when the awarded amount is deposited, the same shall be released to the appellant after satisfying the usual formalities without further reference to this Court. The impugned judgment and award dated 30-3-2015 stands modified only to the extent and in the manner indicated above.

The appeal is, therefore, disposed of in the above terms. Transmit the lower court records forthwith.