ASHOKA SARKAR Vs. NARAYAN DEBNATH

JUDGEMENT

(1.) THIS appeal for enhancement of compensation has been filed by the claimant against the award dated 12 -12 -2007 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S.(MAC) 313 of 2005 whereby he awarded a sum of Rs. 1,50,000/ - to the claimant along with interest.

(2.) THE only issue is what is the compensation to which the claimant is entitled to. It is not disputed that the claimant suffered injuries in an accident with truck bearing No. TR -03 -1758. The claimant is a Government servant and the learned Tribunal without giving any reasons has awarded Rs. 1,45,000/ - for costs of treatment, transportation charges, loss of earned leave, medical leave etc. and Rs. 5,000/ - for pain and suffering, i.e. a total sum of Rs. 1,50,000/ -.

(3.) IT is well settled law that in a case of injuries compensation is awarded under two heads; pecuniary damages and non -pecuniary damages. Under the head of pecuniary damages, the expenses of treatment, attendants, special diet, transportation, hospitalization will be covered. Under the head of pecuniary losses, the claimant will also be entitled to the amount of income which he has actually lost due to his being unable to attend his work and in case, the injury has caused a permanent disability, then the future loss of income shall also have to be considered. Under the head of non -pecuniary damages, normally damages will be awarded under the head of pain and suffering and in cases of permanent disability also for loss of amenities of life and future discomfort in life. In cases where the claimant is a young unmarried person and the injuries affect his marital prospects, damages for loss of marital prospects can also be awarded.