ABANI MOHAN SARKAR Vs. NRIPENDRA ROY AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the award dated 23.12.2010 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 483 of 2004 whereby the claim petition has been dismissed.

(2.) THE claim petition has been dismissed on the ground that the accident has not been occurred. I am not at all in agreement with the finding given by the claims Tribunal. The medical evidence on record clearly indicates that the claimant suffered an injury in a road traffic accident which took place on 30th January, 2004. No doubt in the discharge certificate of the G.B.P. Hospital the same is not mentioned but in a lot of other records of January and February, 2004 itself it is mentioned that the claimant suffered injuries in an accident which took place on 30th January, 2004. There is a G.D. Entry and the same was made only on 7th May, 2004 and here the learned Tribunal is right that no reliance can be placed on the same. But I find that even in the record of the Silchar Medical College of 26.02.2004 i.e. within one month of the accident it has been mentioned history of RTA on 30th January, 2004. Similarly, there are other entries in the contemporaneous medical record to show that the claimant suffered injuries. However, the claimant has not come to the Court totally telling the truth. He was an employee of the Food Corporation of India which has a reimbursement policy. The claimant has not clearly stated what amount was reimbursed to him and what was not reimbursed.

(3.) SINCE there is no clear cut medical evidence, I proceed to assess the compensation on the basis of the little evidence which has been placed on record. The claimant was getting a salary of Rs. 8982/ - per month which is rounded off to Rs. 9000/ - per month and in view of the injuries it can safely be assumed that he could not have worked for two months. Therefore, he is awarded Rs. 18,000/ - for loss of income.