UJJALA DEBBARMA Vs. SARAJ DEBNATH

JUDGEMENT

(1.) THIS appeal for enhancement of compensation by the claimant is directed against the award dated 18 -01 -2008 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S.(MAC) 512 of 2004 whereby the learned Tribunal has awarded a sum of Rs. 65,000/ - to the claimant along with interest.

(2.) THE undisputed facts are that the claimant suffered injuries in a motor vehicle accident which took place on 14 -02 -2004 involving bus bearing No. TR -01 -1248. This bus was owned by Sri Saraj Debnath and insured with the National Insurance Company Limited. The only issue is to what amount of compensation is the claimant entitled to. From the evidence on record, it is apparent that the claimant was initially admitted in the G.B.P. Hospital, Agartala for 24 days. Thereafter, she was admitted in the Nightingale Hospital and Research Centre at Silchar on three different occasions for a period of 17 days in all. As such, her period of hospitalization is 41 days. The claimant is a permanent resident of Sachindranagar in Jirania and, therefore, when she was admitted in Agartala or in Silchar, she would have required attendants round the clock and at least two attendants would have been required. Since the treatment took place in the year 2004, the cost of one attendant is taken to Rs. 250/ - per day and the cost of two attendants works out to Rs. 500/ - and for 41 days, the cost of attendants works out to Rs. 20,500/ -.

(3.) THE claimant would have also had to spend some amount for transportation, both to Agartala and thrice to Silchar. Therefore, the amount of Rs. 10,000/ - for transportation would be reasonable and as such, the amount of Rs. 50,000/ - awarded by the Tribunal as medical expenses is reasonable calling for no enhancement.