PRAFULLA SINHA Vs. DIVISIONAL MANAGER; NIRMAL MITRA

JUDGEMENT

(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 18-07-2011 delivered by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in case No. T.S.(MAC) 302 of 2009 whereby the learned Tribunal awarded a sum of Rs.2,24,000/- in favour of the claimant under the following heads:- <FRM>JUDGEMENT_60_LAWS(TRIP)8_2015_1.html</FRM>

(2.) 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.

(3.) Applying the aforesaid principles, I now proceed to assess the compensation afresh. From the facts proved on record, it is apparent that the claimant suffered injuries in an accident which took place on 15.02.2009. Immediately after the accident, the claimant was shifted to the R.G.M. Hospital, Kailashahar and thereafter to Silchar. He was admitted in South City Hospital at Silchar on 16.02.2009 and remained admitted there upto 05.3.2009. A surgical impression was performed during this period.