SURABALA REANG Vs. AMAL MAJUMDER

JUDGEMENT

(1.) This present appeal has been filed under Sec. 173(1) of M.V. Act, 1988 for setting aside as well as for modification of the award dtd. 20/4/2021 in Case No. T.S.(MAC)59 of 2014 passed by the Motor Accident Claims Tribunal, Court No.2, West Tripura Agartala preferred by the claimant-appellant herein.

(2.) The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 16/12/2013 at about 6.30 P.M. the claimant-appellant along with others were proceeding from Nagrai Bazar towards her house at Laxmicherra by boarding one vehicle, bearing registration No.TR-01-4148 (Commander Jeep) hereinafter referred to as the offending vehicle. The said vehicle when reached at Kashipada Colony of village-Korma, the driver lost his control and met with an accident resulting which the claimant-appellant along with others received grievous injuries on their person. The claimant-appellant sustained compound fracture on her body. Immediately after the accident, the claimant-appellant was brought to Amarpur Hospital in an unconscious condition where from she was referred to Tripura Sundari District Hospital, Udaipur for her treatment. But considering her serious condition doctors again referred her to AGMC and GBP Hospital, Agartala. There she was treated as an indoor patient for about eighteen days w.e.f. 16/12/2013 to 23/12/2013. As her condition was deteriorating she was referred to CMC, Vellore. On 23/12/2013 claimant was brought to Chennai with an escort by a doctor and she was admitted to the Apollo Hospital in the Department of Orthopedics. She got treated there as an indoor patient w.e.f. 23/12/2013 to 25/1/2014. The claimant appellant spent Rs.12,50,000.00 for her treatment. In this connection, a specific case vide Birganj PS case No. 138/2013, u/s 279/338 was also registered.

(3.) The claimant-appellant instituted a claim petition for granting compensation claiming Rs.49,48,000.00. The claimant-appellant claimed to be a permanent vegetable seller, aged about 36 years. In her claim petition, she impleaded the registered owner and insurer of the offending vehicle as mentioned above before the Motor Accident Claims Tribunal which was registered as T.S. (MAC)59 of 2014.