CHANDAN DAS Vs. HARENDRA CHANDA GHOSH; DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY; SHYAMAL SUTRADHAR

JUDGEMENT

(1.) This appeal under Section 173, Motor Vehicles Act, 1988 is directed against the award dated 21-1-2013 passed by the learned Member, Motor Accident Claims Tribunal, Khowai in T.S. (MAC) No. 20 of 2011 directing the payment by the insurer of compensation amounting to Rs. 54,000/- as against the claim of Rs. 4,98,000/- made by the appellant.

(2.) The facts giving rise to this appeal, as pleaded by the appellant, may be briefly noted at the outset. According to the appellant, on 25- 9-2004 at about 4 PM, when he was proceeding towards Teliamura in a Commander Jeep and was reaching Baramura under Jirania Police Station near Bankumari Temple along Assam-Agartala Highway, a truck bearing registration number AS 25 7262 came from the opposite direction in a high speed and dashed against his Jeep due to rash and negligent driving by the driver of the truck. As a result, the appellant sustained burnt injuries on his back, the left side of his waist and other parts of his bodies and had to be treated at G.B. Hospital as an indoor patient w.e.f. 25-9-2004 to 6-11-2004 and again from 11-12-2004 to 25-12-2004 as out patient and was thereafter advised to take bed rest for six month and attend G.B. Hospital for further medical check-up. He also needed regular dressing of his burn injuries for which he had to appoint a trained nurse at his house. In his amended pleading, he also stated that on 23-3-2007, he was again admitted to Teliamura Hospital for waist pain and was on 24-3-2007 referred to G.B. Hospital for better treatment. He was again admitted to G.B. Hospital for better treatment, and stayed there as inpatient w.e.f. 24-3-2004 to 10-4- 2004 and incurred Rs. 25,000/- for his treatment. He was aged 40 years old at the time of the accident. As a professional driver, he used to earn Rs. 4,500/- per month, was the sole bread earner of his family and quantified his loss of income at Rs. 48,000/-. He also claimed Rs. 1,00,000/- for mental pain and sufferings, another sum of Rs. 25,000/- for loss of amenities and another sum of Rs. 50,000/- as the cost of interest of the loan taken by him for his medical treatment. He initially claimed a compensation of Rs. 3,48,000/- which claim was enhanced by him to Rs. 4,98,000/- after amending his pleading. The police also registered Jirania P.S. Case No.53/2004 U/s 279/338 IPC. It may be noticed that the claim case was taken up by Motor Accident Claims Tribunal, Agartala but was subsequently transferred to file of the Motor Accident Claims Tribunal, Khowai, which finally passed the impugned award.

(3.) Though the claim petition was resisted by the owner of the truck bearing registration No.AS 25-7262, who was impleaded as the respondent No. 1 before the Tribunal. As no appeal is preferred by the respondent No. 1 as well as the Insurance Company, but he did no prefer an appeal against the award. Therefore, I will confine myself to the grievances projected by the appellant, which is about the quantum of compensation awarded by the Tribunal. The Tribunal awarded a sum of Rs. 10,000/- towards the cost of medical treatment, Rs. 50,000/- for pain and sufferings, Rs. 18,000/- for loss of income calculated @ Rs. 3000/- per month for a period of six months i.e. Rs. 3000 6= Rs. 18,000/-. This amount was reached by the Tribunal by determining the income of the injured at Rs. 120/- per day or Rs. 4,500/- per month. The Tribunal also awarded Rs. 30,000/- for loss of amenities and enjoyment of life, which includes disappointment and frustration that he can never be a normal person. Aggrieved by the impugned award, this appeal is filed by the appeal for enhancement of the compensation.