BISWAJIT DAS Vs. MD. JAMIR AHMED
LAWS(TRIP)-2021-3-21
HIGH COURT TRIPURA
Decided on March 12,2021

BISWAJIT DAS Appellant
VERSUS
Md. Jamir Ahmed Respondents

JUDGEMENT

Akil Kureshi,J. - (1.) This appeal is filed by the original claimant. He seeks enhancement of the compensation awarded by the Motor Accident Claims Tribunal, West Tripura, Agartala in Case No. T.S (MAC) 05 of 2016 by the impugned award dated 29.07.2019.
(2.) Brief facts are as under : On 29.09.2015 the claimant with his family members was travelling in an auto-rickshaw when it collided with a truck which was insured by the Oriental Insurance Company Limited, respondent No.2 herein. The claimant received injuries of his right shoulder and other parts of the body. According to him, he had to take extensive treatment first at Agartala and thereafter at Vellore and had to undergo multiple operations. The claimant filed claim petition before the Motor Accident Claims Tribunal, West Tripura, Agartala claiming compensation of Rs.11,00,000/- from the owner and insurer of the truck involved in the accident. The Claims Tribunal held that the accident occurred on account of sole negligence of the driver of the truck. At the relevant time, the claimant was employed as a Junior Engineer in the Fisheries Department of the Government of Tripura and was aged 45 years. The Tribunal awarded Rs.1,08,207/- for medical treatment, Rs.1,00,000/- for pain, shock and suffering, Rs.30,000/- for conveyance, special diet and attendant charges but awarded no amount for loss of income.
(3.) According to the counsel for the appellant this award is inadequate for following reasons : (i) The claimant had gone to Vellore for further treatment. The Tribunal while awarding the cost of treatment at Vellore hospital, did not award any compensation for travelling cost for the claimant and his wife though air tickets were produced and exhibited. (ii) The Tribunal committed a serious error in not awarding any compensation for loss of income. Counsel argued that the claimant had suffered 70% disability. He, therefore, should have been awarded adequate compensation under the head of loss of income. ;


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