SANKAR SAHA Vs. MIHIR LAL SAHA AND ORS.

JUDGEMENT

(1.) THIS appeal for enhancement of compensation by the claimant is directed against the award, dated 16.07.2011, passed by the learned Motor Accident Claims Tribunal(Court No. 3), West Tripura, Agartala, in Case No. T.S. (MAC) 409 of 2008.

(2.) THE admitted facts are that on 27.08.2008, the petitioner was traveling on motor cycle No. TR -01 -Y -5686, which was hit by Mahindra jeep bearing registration No. TR -01 -3182 owned by Mihir Lal Saha and insured with The New India Assurance Company. As a result of the accident, the claimant received injuries. He, thereafter, filed a claim -petition claiming compensation in which it was alleged that he went to the GB Hospital, but instead of getting treatment there, he went to the Tropical Orthopaedics & Related Research Centre where he was admitted on 27.08.2008 and discharged on 11.09.2008. Thereafter, he was again admitted in Tripura Medical College on 17.08.2009 and discharged on 26.08.2009 probably for removal of the surgical implants. The claimant has also produced one certificate of Dr. Sankar Halder wherein it is mentioned that the claimant had 40 per cent disability. Dr. Halder has also appeared in the witness -box.

(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.