SHILPI BANIK Vs. SUBHENDU CHAKRABORTY

JUDGEMENT

(1.) THIS appeal by the claimant -appellant for enhancement of compensation is directed against the award dated 17 -07 -2008 passed by the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala in case No. T.S.(MAC) 171 of 2005 whereby the Tribunal awarded a sum of Rs. 70,000/ - along with interest as compensation to the claimant under the following heads: -

(2.) THE facts proved on record are that the petitioner, who is a lady, at the time of the accident was aged about 25 years. She met with an accident on 25 -10 -2004. She received serious head injury in the accident. She was immediately taken to the G.B. Hospital, Agartala where she remained under treatment for 2(two) days. Thereafter, she went to SSKM Hospital, Kolkata for treatment and remained admitted in Kolkata for one month and was discharged from the SSKM Hospital on 27 -11 -2004. Even after discharge from the SSKM Hospital, she did not fully recover and suffered episodes of seizures. She went to the MIOT Hospitals, Chennai for further treatment wherein after CT scan though no neurosurgical intervention was suggested, she was put on medication. It also appears that due to this post traumatic shock, there has been some affect on her brain. The petitioner has placed on record a large number of vouchers showing expenditure of Rs. 37,958/ -. She has also placed air tickets for travel to Kolkata and Chennai for a sum of Rs. 30,520/ -. Therefore, the total amount only on account of actual expenditure on medicines and air tickets is Rs. 68,478/ -. In addition thereto, the claimant must have spent some amount on medicines for which receipts may not have been kept. She would have also spent further amount on transportation to the airport and back and for commuting to the hospital time and again and, therefore, she is awarded a sum of Rs. 80,000/ - only under the head of medical expenses.

(3.) AS far as loss of income is concerned, the learned Tribunal has taken the income of the claimant at Rs. 1,500/ - per month. In my view, this is very much on the lower side. The injured is a graduate and even in the year 2004, a graduate would earn not less than Rs. 5,000/ - per month and, therefore, the loss of income for three months is assessed at Rs. 15,000/ -.