UTTAM DEBNATH Vs. BABUL CH DEB ; BRANCH MANAGER

JUDGEMENT

(1.) This appeal by the claimant has been filed for enhancement of compensation and is directed against the award dated 15.05.2008 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala whereby he awarded a sum of Rs.2,85,000/- along with interest in favour of the claimant.

(2.) The undisputed facts are that the claimant suffered injuries in a motor vehicle accident on 12.12.2005 when he was going to his college at Sabroom from Rajibnagar by bus bearing registration No.TR-01-A-1328. He suffered serious injuries in the accident and claimed compensation. The learned Tribunal awarded a sum of Rs.24,362/- for travelling expenses, Rs.1,50,000/- for medical expenses, Rs.20,000/- for pain and suffering and loss of amenities and Rs.1,00,000 for loss of future prospect. Aggrieved by the award the claimant-petitioner filed the present appeal.

(3.) The principles with regard to determination of just compensation contemplated under the Motor Vehicles Act, 1988 are well settled. Injuries cause deprivation to the body which entitles the claimant to claim damages. The damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses, transportation, special diet, attendant charges etc., (iii) loss or diminution to the pleasures of life by loss of a particular part of the body, and (iv) loss of future earning capacity. The damages can be pecuniary as well as non-pecuniary, but all have to be assessed in rupees and paisa.