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Judgment
[1] This appeal is filed by the original claimant challenging the award dated 22nd May, 2019 passed by the Motor Accident Claims Tribunal, District - Sepahijala.
[2] Brief facts are as under :
On 13th July, 2016 the claimant who was engaged as a labourer by an electric contractor were travelling in a vehicle hired by the contractor. They were returning home after work. According to the claimant, the vehicle was driven in a rash manner by the driver due to which it toppled and fell in a paddy field by the side of the road causing serious injuries to the claimant. He was taken to Govinda Ballav Pant Hospital, Agartala where he was treated as an indoor patient between 13th July, 2016 to 13th August, 2016 during which period operations were performed on him. He had suffered fractures and pelvic injuries. Thereafter he was treated as an outdoor patient on multiple occasions. He filed a claim petition seeking compensation of Rs.7,00,000/- from the driver, owner and insurer of the vehicle involved in the accident.
[3] The Claims Tribunal by the impugned award held the driver of the vehicle solely negligent in causing the accident. The Tribunal awarded a sum of Rs.1,69,540/- by way of compensation to be paid with interest @ 6% per annum by the insurance company. The Tribunal had awarded Rs.61,040/- for medical expenditure and Rs.16,000/- by way of loss of salary of 32(thirty-two) days of hospitalization. His salary was estimated at Rs.350/- per day. The Tribunal believed that the claimant would not be in a position to work for 6(six) months after discharge. The Tribunal believed that he would yet work for 25(twenty-five) days in a month. For 6(six) months, actual loss of income was assessed at Rs.52,500/-. The Tribunal awarded a further sum of Rs.40,000/- towards pain, shock and suffering and that is how the Tribunal arrived at the total compensation of Rs.1,69,540/-. This award the claimant has challenged in this appeal. He seeks enhancement of the compensation.
[4] At the outset I may record that neither in the claim petition nor while leading evidence before the Claims Tribunal, the claimant has made any claim for loss of earning on a permanent basis. The claims made in the claim petition do not include any such head. In the deposition also the claimant has not raised any specific claim of loss of income on permanent basis. The claimant has not produced a disability certificate nor examined any doctor to establish that he had suffered any permanent disability on account of the injuries that he received during the accident. Whether this is a case of lack of legal guidance to the claimant or a genuine case where the injury did not leave any permanent disability in the earning capacity of the claimant, is not possible for me to decide. Fact of the matter is that the claimant has neither claimed nor established any claim for loss of income on permanent basis. It is, therefore, not possible to award any amount towards loss of future income, howsoever tempted I may be, since any such award would be without any foundation and would be based merely on wild guesswork which I must eschew.
[5] With this preamble, I may revert to the evidence on record. It is not in dispute that the claimant had suffered serious bodily injuries for which he had to take treatment as an indoor patient for over a month, thereafter, he had to visit various hospitals for follow-up treatment. He also had to take physiotherapy for rehabilitation. Considering such aspects of the matter, compensation for pain, shock and suffering may be increased from Rs.40,000/- as awarded by the Claims Tribunal to Rs.1,00,000/-. The Tribunal has not awarded any sum for loss of amenities of life. Considering the nature of injuries and the treatment that the claimant had to undergo, he would receive Rs.40,000/- towards this head. Remaining amounts awarded by the Claims Tribunal calls for no interference.
[6] In short, under this appeal, the claimant shall receive an additional sum of Rs.1,00,000/-(Rupees one lakh) over and above what the Claims Tribunal was already awarded. Such amount shall be deposited before the Claims Tribunal with its interest @ 7.5% per annum from the date of claim petition till actual deposit. Upon such deposit, the Claims Tribunal shall release 50% in favour of the claimant. Remaining 50% will be invested in a non-recurring fixed deposit in any nationalized Bank for a period of 3(three) years. Upon completion of such period, the principal with accrued interest shall be paid over to the claimant through account payee cheque.
Appeal allowed-in-part and disposed of accordingly. Records may be transmitted to the Claims Tribunal. Pending application(s), if any, also stand disposed of.