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Judgment
On 29.08.2019, this Court passed the following order:
"In the claim petition, appellant claimed compensation of Rs.8,71,000/. Vide impugned award dated 13th July, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Unakoti Judicial District, Kamalpur in Case No. T.S.(MAC) 05 of 2014, titled as Miss Parbati Malakar versus Sri Buara Dalong & others, the Tribunal has only awarded a sum of Rs.49,500/- along with simple interest @ 6% per annum from the date of filing of the petition i.e. 07-08-2014.
After the matter was heard for some time, learned counsel for the appellant submits that petitioner shall be content if in addition to what already stands awarded by the Tribunal, the insurer who are to pay additional amount of Rs.1,00,000/-, the present petition would not be pressed.
It is argued that it is a case of a mistrial which has resulted into serious miscarriage of justice. The Tribunal ought to have afforded adequate opportunity to the appellant to lead evidence in support of her case.
Be that as it may, without insisting on remand, or the appellant allowed to lead evidence before this Court, he shall settle the matter with a receipt of additional payment of Rs.1,00,000/-. (On lump sum basis)
Mr. R. Saha, learned counsel for the respondents shall obtain instructions in this regard.
List the matter on 13th September, 2019."
Today, Mr. Rajib Saha, learned counsel for the respondent-insurer states that the offer made by the appellant is not acceptable to the insurer i.e. Cholamandalam MS General Insurance Company Ltd., Agartala Division but insurer is ready for a retrial.
Appellant is a lady, a poor rustic villager, who sustained injury as a result of motor vehicle accident in relation to which FIR in KMP PS Case No.53/14 dated 06.05.2014 was registered. In the claim petition, preferred under Section 166 of the Motor Vehicles Act, appellant, for reasons beyond her controlled, could not place and/or prove the documentary evidence with regard to her medical treatment. She had claimed a sum of Rs.8,71,000, as compensation.
Mr. A.T. Pal, learned counsel for the appellant reiterates the offer made vide order dated 29.08.2019.
Having considered the matter from all angles, this Court is of the considered view that interest of justice would be best met if the respondent-insurer is directed to pay a further sum of Rs.1,00,000 (on lump sum basis), over and above than what stands awarded by the Tribunal. The injury sustained by the appellant is on the pelvis, which is permanent in nature. Unfortunately, she could not get proper legal aid and assistance for establishing her claim in its entirety. The pain and agony to be suffered by her is permanent in nature.
As such, impugned award dated 13.07.2016 passed by the learned Member, Motor Accident Claims Tribunal, Unakoti Judicial District, Kamalpur in Title Suit (MAC) No.05 of 2014 is modified holding that additionally appellant would also be entitled for compensation of a sum of Rs.1,00,000 (Rupees One lakh) on lump sum basis.
Ordered accordingly.
The appeal stands disposed of.
Pending application(s), if any, also stands disposed of.
The lower Court records be send down forthwith.