Parimal Debnath vs Shiv Vani And Ors

This is an appeal directed against the judgment and award dated 17.08.2017 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 407 of 2013.

Heard Mr. RR. Datta, learned counsel appearing on behalf of the appellant. None appeared on behalf of the respondents despite being noticed, which would be evident from the order of Lowazima court dated 25.11.2019 where it is stated that " the notice issued upon the said Respondent has also been tracked from the website of the India post which shows as- "Item Delivery confirmed".

The appellant herein, being claimant, has filed a claim petition before the Motor Accident Claims Tribunal, being injured in a vehicular accident on 02.07.2012 due to rash and negligent driving of the vehicle bearing registration no. AS-23G-1003. The claimant at the time of filing the claim petition has adduced evidence and submitted documents in favour of his claim. The Tribunal after perusal and considering the evidences on record, has awarded Rs. 1,48,000/- as compensation in favour of the claimant. The Tribunal has considered to pass an award under the following heads:

(i) Rs. 45,000/- towards medical expenses;

(ii) Rs. 25,000/- towards bodily pain;

(iii) Rs. 30,000/- for imparing the power of right tibia;

(iv) Rs. 48,000/- towards of loss of salary for 4 months @ Rs. 12,000/- per month.

By filing this appeal, the appellant has raised his grievances that the learned Tribunal has not awarded any amount against transportation cost, mental shock and agony, future treatment and loss of future earnings. Moreover, the appellant has claimed for 15 months' salary, but, the learned tribunal has considered payment of salary only four months.

I have considered the submission of Mr. RR Datta, learned counsel appearing on behalf of the appellant. I have also perused the evidences led by the appellant in course of trial.

It is found that the appellant in his claim has claimed Rs. 10,000/- as transportation cost, which he has incurred in course of his treatment but, the learned tribunal has not considered this aspect. The claimant had to attend the hospitals on several occasions for the purpose of his treatment and in my opinion, it should not be less than Rs. 10,000/-, if not more. As such, I award Rs. 10,000/- as transportation cost in favour of the appellant-claimant.

It is true that the appellant has suffered huge mental pain and shock due to such accident and undoubtedly, the power of his right tibia has reduced to a great extent for which he had to suffer a lot. The learned tribunal has awarded Rs. 25,000/- for bodily pain. In my opinion, the said amount is not reasonable and for this, I am inclined to award further Rs. 25,000/- for suffering mental pain and suffering. For loss of capacity of the right leg of the appellant, the claimant-appellant would have no scope to work hard in future meaning thereby that he would be deprived of having better job opportunities with better salary package. As such, I award Rs. 50,000/-. I have also noticed that the learned tribunal did not consider that the appellant would require future treatment to prevent further deterioration of his leg. For this reason, I award Rs. 25,000/- for the purpose of future treatment.

I have taken into consideration the submission of Mr. Datta, learned counsel, that the appellant is entitled to get salary for 15 months. It has come to my notice that the tribunal has awarded Rs. 48,000/- for loss of salary for four months. At the time of argument before this court, Mr. Datta, learned counsel has not been able to substantiate that the appellant could not attend his office for fifteen months. As such, I find no force in the said submission due to want of required evidence for this purpose. Accordingly, the claim for loss of salary for 15 months is rejected.

Accordingly, the instant appeal is allowed with enhancement of the award to the tune from the award of Rs. 1,10,000/-, as was awarded by the learned tribunal at Rs. 1,48,000/-. The respondent-insurance company is directed to pay the enhanced amount of Rs. 1,10,000/- to the claimant-appellant within a period of 3(three) months from the date of receipt of the copy of this judgment. Needless to say, the respondent-insurance company shall also be liable to pay interest @ 8% per annum on the enhanced amount w.e.f. from the date of filing of the claim petition.

In the result, the judgment and award dated 17.08.2017 is interfered with to the extent as indicated above and the appeal, therefore, stands allowed to that extent.

No order as to costs. Send down the LCRs.