SAILESH DAS Vs. MANIK ACHARJEE AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant for enhancement of compensation is directed against the award dated 12 -07 -2010 delivered by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur in case No. T.S. (MAC) 56 of 2009 whereby he awarded a sum of Rs. 1,60,000/ - in favour of the claimant along with interest @ 6% per annum.

(2.) THE undisputed facts are that the claimant suffered a head injury in a motor vehicle accident. Due to this head injury he suffered loss of vision in one eye to the extent of 30%. He filed a claim petition under Section 166 of the Motor Vehicles Act (M.V. Act) claiming compensation and the Tribunal has awarded Rs. 1,60,000/ - under the following heads: -

(3.) IT is well settled law that in a case of injuries compensation is awarded under two heads; pecuniary damages and non -pecuniary damages. Under the head of pecuniary damages, the expenses of treatment, attendants, special diet, transportation, hospitalization will be covered. Under the head of pecuniary losses, the claimant will also be entitled to the amount of income which he has actually lost due to his being unable to attend his work and in case, the injury has caused a permanent disability, then the future loss of income shall also have to be considered. Under the head of non -pecuniary damages, normally damages will be awarded under the head of pain and suffering and in cases of permanent disability also for loss of amenities of life and future discomfort in life. In cases where the claimant is a young unmarried person and the injuries affect his marital prospects, damages for loss of marital prospects can also be awarded.