TAPAN KANTI SAHA Vs. AMAL SAHA AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant for enhancement of compensation is directed against the award dated 18 -07 -2009 passed by the learned Motor Accident Claims Tribunal, Court No. 4, West Tripura, Agartala in case No. T.S.(MAC) 497 of 2006 whereby the learned Tribunal awarded a sum of Rs. 4,83,994/ - to the claimant under the following heads: -

(2.) THE undisputed facts of the case are that the claimant who was aged about 53 years at the time of the accident was working in the Border Security Force (BSF) as Sub -Inspector (S.I.). He suffered injuries in an accident involving two vehicles on 10.7.2006 at 11 a.m. After the accident, the petitioner became unconscious. He received his initial first aid at Tripura and he was referred to Kolkata for further treatment. He was admitted in the Peerless Hospital, National Neurosciences Centre, Calcutta where he remained admitted from 12.7.2006 to 04.8.2006. The history of the treatment of the claimant is best set out in the discharge summary issued by the National Neurosciences Centre, Calcutta which reads as follows: -

(3.) IT is well settled law that in a case of injuries compensation is awarded under two heads; pecuniary damages and non -pecuniary damages. Under the head of pecuniary damages, the expenses of treatment, attendants, special diet, transportation, hospitalization will be covered. Under the head of pecuniary losses, the claimant will also be entitled to the amount of income which he has actually lost due to his being unable to attend his work and in case, the injury has caused a permanent disability, then the future loss of income shall also have to be considered. Under the head of non -pecuniary damages, normally damages will be awarded under the head of pain and suffering and in cases of permanent disability also for loss of amenities of life and future discomfort in life. In cases where the claimant is a young unmarried person and the injuries affect his marital prospects, damages for loss of marital prospects can also be awarded.