TARUN KUMAR REANG Vs. RAKESH DEBNATH AND ORS.

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 22.12.2009 delivered by the learned of the Motor Accident Claims Tribunal, Belonia, South Tripura in T.S. (MAC) No. 07 of 2009 whereby the Tribunal awarded sum of Rs. 27,758/ - along with interest @ 6% per annum to the claimant under the following heads:

(2.) THE undisputed facts are that the claimant receipt injuries in a motor vehicle accident. The vehicle involved in the accident was bearing registration No. TR -03 -2706 (Auto Rickshaw). In the said accident the claimant suffered fracture of three ribs. The claimant was admitted in Tripura Sundari District Hospital, Udaipur from 17.11.2008 to 25.11.2008 i.e. for a period of 8 (eight) days and after discharge he was advised to take rest for 3 (three) weeks and to visit the OPD thereafter. It appears that later the claimant consulted a private doctor at Agartala and medicines have been prescribed to him from time to time. X -ray was also done. The claimant has also produced on record a disability certificate, according to which he had suffered disability of partial stiffness of the left shoulder and the disability has been assessed at 20% for five years. I am not clear that how this stiffness of the left shoulder is in anyway relatable to fracture of the 7th, 8th and 9th ribs because no medical evidence has been led to show that the stiffness in the shoulder could be a result of these injuries. However, assuming that this stiffness may occur due to these injuries this Court is proceeding to decide the matter.

(3.) THE claimant remained in hospital for 8 (eight) days. He would have required attendants round the clock. Since the accident took place in 2008 the cost of each attendant is assessed at Rs. 250/ - per attendant and the cost of two attendants at Rs. 500/ - per day, for 8 (days) the cost of attendants works out to Rs. 4,000/ -.