NITAI DEY Vs. GAUTAM PAUL AND ORS.

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 3rd April, 2010 by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S (MAC) 374 of 2006 whereby the Tribunal awarded compensation of Rs. 1,21,385/ - along with interest @ 6% per annum to the claimant under the following heads:

(2.) SINCE there is no dispute with regard to the accident, the only question is whether the compensation of Rs. 1,21,385/ - granted by the Tribunal under the different heads as above is just and reasonable.

(3.) IN the present case the claimant was a businessman. He did not prove any proof of his income. He, however, claimed that his income was Rs. 6,000/ - per month. But the learned Tribunal has assessed the income at Rs. 3000/ - per month. It has also come on record that the claimant immediately after the accident was admitted in G.B.P. Hospital, Agartala on 07.10.2004 itself. He had a fracture on the femur shaft, the condyle of the femur and basically he sustained injury in the right lower limb. He remained in Tripura as a patient for some days and finally he was discharged from the hospital on 12.10.2004. He went to Kolkata for treatment where he was admitted in the Bhattacharyya Orthopaedics and related Research Centre (P) Ltd. on 13.10.2004 and was discharged therefrom on 09.11.2004. During the period in hospital, surgery was done and nail was inserted. The petitioner again had to go Kolkata on 27.12.2004 and this time he remain admitted till 8th January, 2005. No disability certificate has been produced on record and, therefore, applying the aforesaid principles now I proceed to assess the compensation under the various heads.