SAMIR CHANDRA DAS Vs. MD. JAMAL HOSSAIN

JUDGEMENT

(1.) This appeal is filed by the original claimant to challenge an award dated 07.08.2018 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No.T.S.(MAC) 72 of 2017. He seeks enhancement of the compensation awarded by the Claims Tribunal.

(2.) Though the issues arising this appeal are of simple nature of appreciation of evidence on record and computing just compensation payable to the claimant, one ticklish issue which I have noticed in number of motor accident claims based on personal injuries arises in this appeal also and which requires resolution. In accident claim cases arising out of injuries, it is found that in the State of Tripura there is a practice of obtaining injury certificates from District Disability Medical Board (the Board, for short) which assesses the extent of disability of a victim of motor accident for a limited period of 5(five) years and recommends review of such disability after completion of such period. Quite apart from obscure origin of this practice, in number of cases this results into gross and irreparable injustice to the claimants. Present is a classical example of such injustice suffered by the claimant on account of such misplaced and as we shall see hereafter, a practice wholly impermissible in law in the context of motor accident claims.

(3.) Facts of the case may be noted at the stage: