LAWS(TRIP)-2015-5-39

RATNA KAR Vs. ABDUL RAZZAK

Decided On May 05, 2015
Ratna Kar Appellant
V/S
ABDUL RAZZAK Respondents

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 18 -07 -2009 passed by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in case No. T.S.(MAC) 212 of 2006 whereby he awarded a sum of Rs.1,07,680/ - in favour of the claimant.

(2.) ON 19 -03 -2015 none was present for the appellant. However, this Court was informed that counsel for the appellant is out of station in connection with her treatment and, therefore, the matter was adjourned for today. In the mean time, Ms. N. Guha, learned counsel for the appellant, has also received the paper book on 23 -03 -2015 but she is also not present today. The appeal is more than 5 years old and is, therefore, being decided on merits.

(3.) THE claimant has filed this appeal for enhancement of compensation and that is the only issue involved in the case. The records reveal that the claimant remained admitted in hospital from 12 -02 -2005 to 13 -04 -2005, i.e. for 61 days. The learned Tribunal awarded her Rs.3,000/ - towards purchase of medicines, Rs.9,760/ - towards attendant charges, Rs.10,800/ - for loss of income. The claimant had suffered a disability of 20% and has been awarded Rs.69,120/ - for future loss of income, Rs.10,000/ - for pain and suffering, Rs.5,000/ - towards mental shock, i.e. a total of Rs.1,07,680/ -. The manner in which compensation has been awarded leaves much to be desired.