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Judgment
This is an appeal preferred by the appellant challenging the impugned judgment and award dated 02.06.2026 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala, in case No. T.S. (MAC) 73 of 2021.
Heard Mr. S. Lodh, learned counsel appearing for the appellant. Despite service of notices upon the respondents, none of the respondents have entered their appearance.
Shortly stated, out of a road traffic accident occurred on 16.01.2019 at about 8.30 a.m., the claimant-appellant sustained injuries to the extent of 87% locomotor disability and 75% intellectual disability, and subsequently he filed a claim petition before the learned Tribunal and he was awarded compensation vide judgment and award dated 02.06.2026. The grievance in the appeal is that the Disability Board issued Certificate to the extent of 87% for a period of 5(five) years and while renewing it, the Disability Board after careful examination issued afresh Disability Certificate in favour of the victim indicating overall 93% disability clarifying the disability to be a permanent disability. Thus, being aggrieved with the quantum of compensation in terms of the permanent disability, the appeal has been filed.
Mr. Lodh, learned counsel appearing for the appellant, has contended that the compensation awarded by the learned Tribunal is not in accordance with law. Learned counsel further contended that the learned Tribunal has not properly appreciated the validity of the disability certificate. It is contented that the compensation was awarded taking into consideration the first Disability Certificate but the permanent disability certificate for life time was obtained by the appellant after pronouncement of the judgment and award. Hence, learned counsel urged this court to remand the matter to the tribunal for re-assessing the amount of compensation after taking into consideration the permanent disability certificate for life time since the award is in the lower side.
I have perused the entire record alongwith the Certificate dated 06.11.2025.
On bare perusal of the record, evidently it is well established that the appellant met with an accident on 16.01.2019 and suffered substantial injuries. The permanent disability certificate (Exbt. 9) assessing 87% disability was issued by the Disability Board which was valid upto 13.03.2025 and subsequently the same was proved by PW-2 in course of trial. Taking into account the same, the trial court passed the award. After 13.03.2025 the claimant-appellant was examined by the Disability Board and after proper evaluation, it was opined that the claimant-appellant suffers in the nature of permanent disability to the extent of 93% and thereby on 06.11.2025 substantiating 93% disability (permanent disability) the Disability Certificate was issued in favour of the claimant-appellant. The Certificate dated 06.11.2025, is reproduced here-in-below in extenso:
“Department of Empowerment of Persons with Disabilities. Ministry of Social Justice and Empowerment, Government of India Disability Certificate District Disability Rehabilitation Centre Shyamali Bazar, Kunjaban, Agartala West Tripura, Tripura, 799006 Certificate/UDID No.: TR0110119920003802 Date of Issue: 06/11/2025 This is to certify that we have carefully examined Sanjit Sarkar Son of Rakhal Sarkar, Date of Birth 09/01/1992,Gender Male, Registration No. 1601/00000/2003/0460722, Resident of Adarsha Colony Jogendranagar Sadar, West Tripura, Tripura -799004 whose photograph is affixed above, and we are satisfied that: (A) He is a case of Multiple Disabilities. His extent of physical impairments/ disabilities have been evaluated as per the guidelines for the purpose of assessing the extent of specified disability in a person included under the Rights of Persons with Disabilities Act, 2016 notified by Government of India vide S.0.1338(E) dated 12/03/2024. for the disabilities below:
S.No. Disability Name of affected body part Diagnosis Disability Percentage (in%) 1 Locomotor Disability Four Limbs Post Rtamatic Quadriparesis 70% 2 Intellectual Disability Brain Moderate Mental Retardation 75% (B)He has 93% (in/figure) ninety three percent (in words) overall disability and the nature of certificate is Permanent.
Signature/Thumb impression of the Person with Disability: Sd/Dr. Narenjit Das
Signature of notified Medical Authority Members: District Disability Rehabilitation Centre Shyamali Bazar, Kunjaban, Agartala West Tripura, Tripura, 799006
This Card/Certificate is meant to certify the disability of the person and is not an instrument for ID/Address Proof for any purpose
After the accident sustaining injury by the claimant-appellant, he made his claim before the tribunal and on the basis of his disablement percentage, award was made. At the time of passing the judgment, his certificate was valid for five years and after five years the claimant-appellant was to re-evaluate his disability and upon examination by the Medical Board, it was opined that there is no possibility of recovery in the degree of disability which was certainly assessed as permanent disability. Unlike temporary certificate, which expired after five years and must be renewed every five years, a permanent disability certificate was issued which is valid for life. By meticulously reassessing the extent of permanent disability based on a post-judgment permanent disability certificate and its repercussions on the victim-appellant, this Court deems it fit to remand the matter to the tribunal for re-assessing the compensation. It is made clear that to make the certificate admissible as legal evidence the claimant shall examine the doctor who issued the Certificate.
Upon consideration of the totality of facts and circumstances, the impugned judgment and award dated 02.06.2026 passed by the learned Tribunal in T.S. (MAC) 73 of 2021, is hereby set-aside and the matter is remanded back to the learned Tribunal for proper examination and re-appreciation. The remand is typically "limited" to the calculation of compensation after re-assessment of the Disability Certificate dated 06.11.2025. Issues such as the occurrence of the accident, negligence, or liability of the insurance company remain settled and cannot be re-argued. However, it is made clear that both the parties shall be given a reasonable opportunity. The tribunal shall take an endeavour to dispose of the matter expeditiously.
Accordingly, the appeal preferred by the appellant stands allowed and thus disposed of. Pending application(s), if any, also stands disposed. Send down the LCRs forthwith.