SHEKHAR DEY Vs. PARITOSH PAUL

JUDGEMENT

(1.) This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 from the judgment and award dated 27.08.2019 delivered in T.S.(MAC) 101 of 2017 by the Motor Accident Claims Tribunal, No.4, West Tripura judicial District, Agartala. By the said judgment dated 27.08.2019, the Tribunal assessed and awarded compensation of a sum of Rs.6,91,856/- to the appellant along with 9% annual interest thereon from the date of presentation of the petition at the Tribunal till payment for the damage suffered by the appellant in a road traffic accident which occurred on 26.06.2016.

(2.) The appellant, a mason by occupation, was returning home on his motor bike on 26.06.2016 at about 8 O'clock in the evening. Having reached Maylakhola, he stopped his motor bike to attend a phone call. Suddenly, the offending vehicle bearing registration No.TR-01-B-2898 [a 3 wheeler auto rickshaw] hit his motor bike from the opposite direction. As a result, the appellant received multiple injuries in different parts of his body. Immediately he was taken to AGMC and GBP Hospital where he received treatment as an indoor patient for about 03 weeks from 26.06.2016 to 15.07.2016.

(3.) His wife Smt. Ruma Guha Das (Dey) lodged a written FIR with the Officer-in-charge of the West Agartala Police Station on 18.08.2016 accusing the driver of the offending vehicle for causing the accident by rash and negligent driving. The said FIR was registered as West Agartala P.S. case No. 2016 WAG 0102 under Sections 279 and 338 IPC and after investigation, police charge sheeted the accused driver of the said vehicle for having committed offence punishable under Sections 279 and 338 IPC. The accident had a very serious effect on the appellant. The District Disability Medical Board, West Tripura, Agartala vide certificate dated 05.09.2018 [Exbt.3 series] assessed his disability as 75% locomotor disability and it was certified by the said Disability Medical Board that his right leg was affected and his movements were restricted due to weakness in the right lower limb with stiffness in ankle and knee joint and as such he was seriously affected in pursuing his avocation as a mason.