BIPLAB PAL Vs. CHANDAN PATARI
HIGH COURT TRIPURA
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T.AMARNATH GOUD,J. -
(1.)This instant appeal has been filed under Sec. 173 of the M.V. Act, 1988 against the award dtd. 16/8/2019 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala Court No. 5, in T.S. (MAC) No. 412 of 2011.
(2.)Brief facts, leading to this case are that on 21/6/2011 at about 12.40 hours, the appellant herein was proceeding to Ramrai Bari by riding his bicycle. On the way to the junction of the village, he found his friend Dwibyendu Chowdhury and he got down from the bicycle and was talking with him. At that time, one commander jeep bearing registration No. TR-03-3192 coming from Ramrai Bari towards Jolaibari and a Maruti Vehicle bearing No. WB-025-7527 coming from Jolaibari collided face to face and thereafter dashed the appellant-herein and his friend. It is alleged that the accident occurred due to the rash and negligent driving of the drivers of both vehicles. Due to the accident, the claimant-appellant herein sustained fracture injuries and was shifted to Jolaibari PHC wherefrom he was referred to GBP hospital, Agartala for better treatment and he remained admitted there till 23/6/2011. As there was no progress of the treatment, the appellant herein was admitted to the Tropical Orthopedic and Related Research Centre, Agartala on 23/6/2011, wherein, an operation was performed by Dr. Sankar Halder on 25/6/2011. The appellant-herein was discharged on 28/6/2011. As per the advice of Dr. Halder, the claimant-appellant herein again attended the hospital on 5/7/2011, 23/7/2011, 4/8/2011, and 23/8/2011 for check-up. On 23/9/2011, the appellant herein further attended the said hospital for removal of one screw of an interlocking nail, but, the other two screws were removed after 3(three) years. During treatment, the appellant herein was also escorted by his father, Niranjan Paul who is day labour by profession. The appellant claimed to be day labour by profession and has been earning Rs.250.00 per day. Due to said accident, the appellant could not perform his regular duties from 21/6/2011 to November 2011. It is further stated that as per the opinion of the attending doctor, the appellant may not be able to walk for about 3(three) years from 23/8/2011.
(3.)The appellant-claimant filed a case for compensation for Rs.4,26,000.00 before the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala as the appellant would reside at Agartala at the time of filing of the said case being T.S.(MAC) 412/11 which was transferred to the file of the MACT, No. 5. The learned Tribunal passed an award dtd. 1/6/2013 allowing only Rs.66,038.00 with 9% interest per annum from the date of filing of the claim.
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