SRI BIMAL DEBNATH Vs. SRI GOBINDA CHANDRA SAHA, SRI HARADHAN BISWAS AND THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award of the learned Motor Accident Claims Tribunal, South Tripura, Udaipur, dated 21.08.2006 whereby an amount of Rs. 68,988/ - was awarded to the claimant under the following heads:

(2.) SINCE the only issue involved in this appeal is the amount of compensation to which the claimant is entitled to. I am only discussing that portion of the amount. The claimant was earning Rs. 2,700/ - per month and this fact is proved on record. He was aged about 30 years. It is also not disputed that he remained hospitalized from the date of accident i.e. from 27.03.2002 to 10.04.2002 i.e. for a period of 14 days. The claimant remained under treatment for a long period thereafter. The learned Tribunal has held that the claimant remained under treatment upto 3rd May, 2004 as an outpatient.

(3.) THE principles with regard to determination of just compensation contemplated under the Motor Vehicles Act are well settled. Injuries cause deprivation to the body which entitles the claimant to claim damages. The damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses, transportation, special diet, attendant charges etc., (iii) loss or diminution to the pleasures of life by loss of a particular part of the body, and (iv) loss of future earning capacity. The damages can be pecuniary as well as non -pecuniary, but all have to be assessed in Rupees and Paise.