PAPRI BHOWMIK Vs. SUDHIR ADHIKARI AND ORS.
LAWS(TRIP)-2015-3-33
HIGH COURT TRIPURA
Decided on March 27,2015

Papri Bhowmik Appellant
VERSUS
Sudhir Adhikari And Ors. Respondents

JUDGEMENT

Deepak Gupta, J. - (1.) THIS appeal by the claimant -appellant has been filed for enhancement of compensation and is directed against the award, dated 31st August, 2010 passed by the learned Motor Accident Claims Tribunal (Court No. 4), West Tripura, Agartala in Case No. TS(MAC)307 of 2008, whereby he awarded a sum of Rs. 1,99,693/ - as compensation in favour of the claimant.
(2.) THE undisputed facts are that the claimant received injuries in a motor vehicle accident which took place on 27th March, 2008. The discharge certificate, Exbt. 3, issued by the G.B.P. Hospital, Agartala shows that the claimant was admitted to the hospital on 27th March, 2008 itself and discharged on 8th April, 2008 i.e. after 12 days. She was referred to the S.S.K.M. Hospital, Kolkata. It is mentioned that she could travel in sitting condition by AIR. The discharge certificate issued by the S.S.K.M. Hospital shows that she visited the hospital on 11th April, 2008 and she was referred to the plastic surgery OPD. Thereafter she visited the plastic surgery OPD on a number of occasions. She then visited the Nightingale Hospital at Kolkata on the same date and was admitted in the hospital on 12th April, 2008 and was discharged therefrom on 13th April, 2008. The material on record shows that she then visited the Aditya Hospital at Kolkata on 2nd May, 2008. She was again admitted in Nightingale Hospital on 10th May, 2008 and discharged therefrom on 13th May, 2008.
(3.) THE claimant has been awarded Rs. 27,000/ - for an attendant and I feel that this amount is reasonable. The claimant also claimed Rs. 18,000/ - for engaging a maid servant but the learned Tribunal has rightly rejected this claim. However, the learned Tribunal lost sight of the fact that the claimant had remained in and out of hospital for almost one month and at least one attendant must have been there with her and if the cost of one attendant is taken at Rs. 250/ - per day, she should be awarded Rs. 7,500/ - on this ground.;


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