LAWS(TRIP)-2014-10-14

ASISH DEBNATH Vs. BISWAJIT DEY; BIPUL BHOWMIK; NATIONAL INSURANCE COMPANY LTD; NEW INDIA ASSURANCE COMPANY LTD; SURAJIT KARMAKAR; MD EDRISH MIAH

Decided On October 31, 2014
Asish Debnath Appellant
V/S
Biswajit Dey; Bipul Bhowmik; National Insurance Company Ltd; New India Assurance Company Ltd; Surajit Karmakar; Md Edrish Miah Respondents

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the award dated 16th August, 2008 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S(MAC) No. 105 of 2006 whereby the Tribunal has awarded a sum of Rs.4,82,000/- along with interest @ 6% per annum in favour of the claimant.

(2.) Since this is an appeal for enhancement of compensation, only the facts relevant for this purpose are being stated.

(3.) The undisputed facts are that the claimant-injured was a driver of an auto rickshaw. He had the valid driving licence. He met with an accident with the offending vehicle and his right hand was amputated at the wrist making him incapable of driving an auto rickshaw. His disability has been assessed at 75%. The income of the injured has been assessed by the learned Tribunal at Rs.3,000/- per month and taking the disability to be 75% he has been awarded Rs.4,32,000/- for future loss of income, Rs.40,000 for medical expenses, Rs.10,000/- for pain and suffering i.e. Rs.4,82,000/- in all. Aggrieved by this award, the claimant has filed the present appeal.