DR. SATYAJIT CHAKRABORTY Vs. SRI RAJIB DATTA, NATIONAL INSURANCE COMPANY LTD., DHARMANAGAR BRANCH AND NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, AGARTALA, WEST TRIPURA

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 24 -01 -2006 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) 701 of 2001 whereby the appellant was awarded a sum of Rs. 1,03,000/ - along with interest @ 6% per annum from the date of filing of the claim petition.

(2.) THE main grounds raised in this appeal by the claimant are as follows: -

(3.) TO say the least, the award of the learned Tribunal is totally incorrect as far as this aspect of the matter is concerned. It is for the injured person to decide where he should get himself treated. The injured can decide to get himself treated at a private hospital or in a Government Hospital. The tortfeasor has no business to dictate as to where the claimant should get his treatment. Unless the expenses of treatment are totally unjustified or unduly high or the petitioner gets himself treated in a Five Star Hospital without there being any need thereof, the tortfeasor cannot urge that the claimant must go to a Government Hospital. The conditions of Government Hospitals are known to all and many times persons get themselves treated at private hospitals.