PRADIP DEB BARMA, WEST TRIPURA Vs. CHHAYA GAN

JUDGEMENT

(1.) THIS appeal by the claimant for enhancement of compensation is directed against the award of the Motor Accident Claims Tribunal, West Tripura, Agartala dated 22.05.2006 passed in TS(MAC) No. 496 of 2003 whereby he awarded a sum of Rs.1,09,000/ - under the following heads: <FRM>JUDGEMENT_42_TLTRIP0_2014.htm</FRM>

(2.) SRI M. K. Roy, learned counsel for the claimant has very fairly and candidly submitted that as far as the loss of income is concerned he does not dispute the amount awarded by the Tribunal under this head, since the claimant was earning Rs.8000/ - per month and was on leave for three months. He however submits that the award on all other counts is on the lower side and may be suitably enhanced.

(3.) FROM the material on record I find that the claimant was first admitted in the G. B. P. Hospital at Agarala immediately after the accident on 14.06.2003 and he was discharged from there on 16.03.2003. A C.T scan on the brain was done and an epidural haematoma was found in the brain. Therefore, the claimant was referred to S.S.K.M Hospital, Calcutta for treatment. The claimant went to Calcutta but according to him could not get a seat in the S.S.K.M Hospital, Calcutta and thereafter went to the National Neurosciences Centre, Calcutta where he remained admitted from 16.06.2003 to 28.06.2003. It was found that the claimant was suffering of fracture of the mandible and fracture of the second to sixth ribs. There were also multiple external injuries on the left hand and right side facial swelling was there. On CT scan of the brain there was extradural heamatoma on the fronto parietal region. Surgery was performed on 16.06.2003 and a plate implanted in the jaw. The claimant threreafter came back to Agartala and went again to Calcutta in February, 2004 and he was admitted in the Rubi General Hospital on 18.02.2004 and discharged therefrom on 20.02.2004. The plate which had earlier been inserted was removed. It is noted that the claimant still complaint of mild pain and difficulty in chewing. No other problem was found. The claimant has also produced another discharge certificate of the National Neurosciences Centre, Calcutta but this relates to prolapsed intervertebral disc L4 and L5. This cannot be related to the injury suffered in the accident at all. Therefore, I proceed to assess the compensation by assessing the compensation for the treatment at Agartala and twice at Calcutta.