UNION OF INDIA Vs. KESHAB KURI

JUDGEMENT

(1.) THIS appeal by the Union of India is directed against the award dated 19 -06 -2008 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S. (MAC) 592 of 2005 whereby he awarded compensation of Rs. 1,58,000/ - in favour of the claimant along with interest and held the appellants and the National Insurance Company Ltd. liable to pay the compensation in equal shares. The Insurance Company has not challenged the award. The Union of India has challenged the award.

(2.) MR . P.K. Biswas, learned Asstt. S.G. appearing for the appellants, contends that the learned Tribunal gravely erred in fixing the liability on the truck belonging to the GREF at 50%. He also submits that the amount of compensation awarded is on the higher side and disability certificate could not have been accepted in the absence of the examination of the doctor.

(3.) AS far as the quantum of compensation is concerned, from the evidence on record, it is apparent that the claimant was admitted at Jolaibari Hospital immediately after the accident on 05 -02 -2005. He was then referred from the Jolaibari Hospital to the Tripura Sundari Hospital at Udaipur and then referred to the G.B. Hospital, Agartala where he was admitted on 06 -02 -2005 and remained there till 09 -03 -2005, i.e. for more than one month. Again he was admitted in the G.B. Hospital on 26 -04 -2005 on account of the head injury received in the accident and discharged from the hospital on 27 -05 -2005. Therefore, he remained in hospital for more than two months. Keeping in view the length of treatment itself, the amount of compensation awarded is more than reasonable and cannot be reduced by a single paisa.