Decided on November 26,2019

Sanjit Dewan Appellant
Paritosh Dey Respondents

Referred Judgements :-



AKIL KURESHI,J. - (1.)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/-.

(2.)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.
(3.)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.

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