Sanjit Dewan vs Paritosh Dey And Ors

This appeal is filed by the original claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal No.2, West Tripura, Agartala, by the impugned award dated 06.02.2018 passed in Case No.T.S. (MAC) 266 of 2015. The claimant had received bodily injuries in a vehicular accident which took place on 22.02.2015. He filed the said claim petition before Claims Tribunal seeking compensation of Rs.30,00,000/- from the owner and insurer of the vehicle involved in the accident. He stated before the Tribunal that he was working as an electric mechanic earning Rs.12,000/- per month. He had to undergo various treatments for his injuries. He produced bills for medical treatment. The Tribunal awarded a sum of Rs.4,22,408/-for medical expenditure in following manner:

(i) Cost of treatment received from Fortis hospital, Kolkata Rs.4,06,518/-

(ii) Cost of medicines, pathological and radiological tests etc. Rs. 12,390/-

(iii) Ambulance charge Rs. 3,500/-

Total - Rs.4,22,408/-

Tribunal awarded a further sum of Rs.30,000/- towards loss of 6 months of actual earning calculated the rate of Rs.5,000/- per month and a further sum of Rs.10,000/- for loss of amenities of life, special diet, attendant charges etc. The Tribunal also awarded Rs.30,000/- for pain, shock and suffering. The total compensation awarded by the Tribunal thus came to Rs.4,92,408/-.

Though served none appeared for the respondents. I have heard learned counsel for the appellant. Having perused the record, in my opinion, on two counts the compensation awarded by the Tribunal is required to be increased. First is the sum of Rs.56,500/- which the claimant had claimed for his journey from Agartala to Kolkata for further treatment. The Tribunal did not dispute this expenditure but refused to award on the ground that the claimant was not referred for further treatment by the hospital at Agartala. In this context, the claimant in his deposition had stated before the Tribunal that when he was under treatment at the hospital Agartala the doctors were contemplating amputation of his right leg on this account that he took further treatment at Kolkata to avoid amputation. There is no cross examination by the respondents on this aspect. The Tribunal therefore ought to have awarded the said expenditure.

The Tribunal has also not awarded any amount for future loss in income. Before the Tribunal, the claimant had not produced the disability certificate which he has produced along with I.A. No.01 of 2019. This disability certificate is issued by the District Disability Medical Board, West Tripura and is dated 20.02.2019. This certificate assesses the disability of the claimant at 20% of the body as a whole. Learned counsel for the claimant pointed out that during the course of the proceeding before Claims Tribunal, the claimant could not produce the certificate since his injuries were not fully healed and he had to undergo an operation for removal of the rod. Under the circumstances, the request for taking the said certificate on record is granted. I.A. is allowed.

Even if the income of the claimant at the time of accident of Rs.5,000/-, in absence of any other evidence, were to be accepted without any increase, there had to be adjustment for future rise in income. In terms of the judgment of the Supreme Court in case of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 SCC 680, considering the age of the injured below 40 years at the time of accident, there would be increase of 40% for future rise. His prospective in income therefore would come to Rs.7,000/-. Granting 20% for loss of income looking to the disability, his monthly loss comes to Rs.1,400/- i.e. Rs.16,800/- per year. Looking to his age of 34 years at the time of accident multiplier of 16 would be applicable. His future loss of income therefore would come to Rs.2,68,800/-. Coupled with the transportation expenditure of Rs.56,500/- the additional compensation payable to the claimant Rs.3,25,300/-(Rupees Three lakh twenty five thousand three hundred). The said amount shall be deposited by the respondent No.2-insurance company before the Claims Tribunal with proportionate costs and interest @ 7.5% per annum from the date of claim petition till actual deposit. Upon such sum being deposited, the Tribunal shall release 50% in favour of the claimant through account payee cheque. Remaining 50% may be invested in any nationalized bank in a non-recurring fixed deposit for a period of 5 years. At the end of the said period, the amount with accrued interest be paid over to the claimant.

Appeal of the claimant is allowed in part and disposed of.

Send down the lower Court records forthwith.