LAWS(TRIP)-2015-6-47

HIRALAL DEBNATH Vs. BISWAJIT BANIK AND ORS.

Decided On June 22, 2015
Hiralal Debnath Appellant
V/S
Biswajit Banik And Ors. Respondents

JUDGEMENT

(1.) THIS appeal for enhancement of compensation is directed against the award dated 07.3.2011 passed by the learned Motor Accident Claims Tribunal, Court No. 3, West Tripura, Agartala whereby he awarded compensation of Rs. 20,009/ - in favour of the claimant.

(2.) THE undisputed facts are that the claimant received an injury to his left hand in a motor vehicle accident. He was taken to the hospital where he was treated in the outpatient department and was not even admitted for a day. He thereafter went to the hospital on three occasions to get dressing done. This is the entire evidence with regard to his treatment. The claimant has also produced a disability certificate which shows the disability to the extent of 10%.

(3.) THE claimant was 58 years of age. He had already retired from Government service. This disability of 10% is not to his body, but only to the hand. In the medical certificate, it is mentioned that the disability is only for a period of 5(five) years and in my view, this disability does not in any way affect the earning capacity of the claimant. He has been awarded another sum of Rs. 10,000/ - for loss of discomfort and amenities of life and Rs. 2,000/ - for transportation charges which are reasonable.