SOMNATH CHATTERJEE Vs. RAMZAN KHAN

JUDGEMENT

(1.) APPELLANT Somnath Chatterjee seeks enhancement of compensation of Rs. 3,16,498/- awarded by the Motor Accident Claims Tribunal (the Tribunal) for the injuries suffered by him in a motor accident which took place on 13.11.2008.

(2.) DURING inquiry before the Tribunal, it was established that the Petitioner suffered multiple laceration on the face and grievous injuries on eye. Surgery was conducted and eyelids of both the eyes were also repaired. He had also suffered loss of vision in the right eye. He had also suffered loss of about 20% of the upper lip. He had lost medial side of right eyebrow, laceration over right upper and lower eyelid, laceration of size 6 cm x 3 cm over right cheek. There is a loss of upper lip of around 20% along with ragged laceration and loss of lower lip of around 15% columella loss present with nasal fracture alongwith facial swelling. He was again advised to attend OPD for review and for further surgery. Further medical treatment record shows that he was again admitted in Sir Ganga Ram hospital from 20.11.2008 to 21.11.2008 and in this period he was treated for fracture of orbital area; bone grafting was conducted and wounds were closed. At the time of review on 20.11.2008 it has been opined that he has very low vision in his right eye. He was again advised to attend OPD for further medical treatment. Further medical treatment of Sir Ganga Ram Hospital dated 24.11.2008 shows that he was advised medicines again by the concerned doctor.

(3.) LEARNED counsel for the Appellant submits that apart from loss of amenities because of loss of five teeth and the permanent disfigurement on the face, there would be loss of prospects of marriage and it cannot be compensated in terms of money; yet appropriate compensation ought to have been granted by the Tribunal.