RAKESH PODDAR Vs. SHILPI MAJUMDER (DEY) AND ORS.

JUDGEMENT

(1.) THIS is an appeal for enhancement of compensation directed against the award dated 19 -05 -2011 passed by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur in case No. T.S.(MAC) 51 of 2010 whereby he awarded a sum of Rs. 1,31,375/ - in favour of the claimant under the following heads: - -

(2.) IT is well settled law that in a case of injuries compensation is awarded under two heads; pecuniary damages and non -pecuniary damages. Under the head of pecuniary damages, the expenses of treatment, attendants, special diet, transportation, hospitalization will be covered. Under the head of pecuniary losses, the claimant will also be entitled to the amount of income which he has actually lost due to his being unable to attend his work and in case, the injury has caused a permanent disability, then the future loss of income shall also have to be considered. Under the head of non -pecuniary damages, normally damages will be awarded under the head of pain and suffering and in cases of permanent disability also for loss of amenities of life and future discomfort in life. In cases where the claimant is a young unmarried person and the injuries affect his marital prospects, damages for loss of marital prospects can also be awarded.

(3.) THE claimant has not been awarded any amount for attendant charges. Even in the year 2008 the attendant charges would be at least Rs. 200/ - per day. It is well known that in Indian hospitals, especially in the Government hospitals in Tripura more than one attendant is required because nobody attends to the patient round the clock. Therefore, taking the cost of two attendants at Rs. 400/ - per day, the cost of attendants over 54 days works out to Rs. 21,600/ -. The claimant may have required some attendants outside the hospital also when he was at home and, therefore, he is awarded Rs. 25,000/ - as cost of attendants.