BISWAJIT DEBROY Vs. ARPITA CHAKRABORTY

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the award dated 25th April, 2009 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in T.S(MAC) No. 54 of 2008 whereby the Tribunal has awarded a sum of Rs.1,70,757/- along with interest @ 6% per annum in favour of the claimant under the following heads: <FRM>JUDGEMENT_34_LAWS(TRIP)1_2015_1.html</FRM>

(2.) Sri D. K. Biswas, learned counsel for the claimant submits that the award is very much on the lower side and prays that the same may be suitably enhanced.

(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.