SHIBU CHAKRABORTY Vs. KRISHNA BHUSHAN DEY AND ORS.

JUDGEMENT

(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 09-12-2011 delivered by the learned Motor Accident Claims Tribunal, Dharmanagar, North Tripura in case No. T.S.(MAC) 42 of 2010 whereby he awarded compensation of Rs.2,00,800/- to the claimant along with interest under the following heads:- <FRM>JUDGEMENT_4_LAWS(TRIP)12_2015_1.html</FRM>

(2.) The undisputed facts are that the deceased was driver of a truck and there was a collision between this truck and a jeep. The claimant alleged that this accident had occurred due to the rash and negligent driving of the driver of the jeep and filed the claim petition. The learned Tribunal came to the conclusion that the accident had occurred due to the rash and negligent driving of the driver of commander jeep bearing No.TR-01-3763. This finding has become final and is not under challenge. Next comes the issue of the monetary compensation to be paid to the claimant.

(3.) At the outset, I may notice that the manner in which the award has been passed shows total lack of the basic principles of assessment of compensation in such case. The Apex Court has repeatedly held that percentage of disability is not necessarily equal to loss of earning capacity. This shall depend on the facts of each case, the nature of the work being done by the injured, the nature of injury sustained by the injured and the effect which such injuries have on his earning capacity. I have gone through the medical record and it shows that on initial examination of the petitioner, it was found that he had broken teeth and was suffering pain on opening of the mouth. He has suffered injuries mainly on the face and has suffered loss of teeth.