ANJALI BALA DAS Vs. BIMAL BARMAN; DIVISIONAL MANAGER

JUDGEMENT

(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 18-10-2012 delivered by the learned Motor Accident Claims Tribunal, Court No.5, West Tripura, Agartala in case No. T.S.(MAC) 386 of 2011 whereby he awarded a sum of Rs.2,12,000/- to the claimant under the following heads:- <FRM>JUDGEMENT_68_LAWS(TRIP)3_2016_1.html</FRM>

(2.) It is urged by Mr. K.K. Pal, learned counsel for the appellant, that the award is very much on the lower side. He submits that the claimant was admitted in hospital for 48 days and sufficient amount has not been awarded for attendant charges. He also submits that the injury is permanent in nature and the claimant being a tailor her loss of earning is 100%. He lastly submits that nothing has been awarded for the disability.

(3.) I have perused the disability certificate. As rightly held by the learned Tribunal, in the disability certificate the word "permanent" has been scored off and the validity of the certificate has been given for 5 years only. I would have even ignored that but I find that thereafter it is mentioned that the condition is progressive and likely to improve. When the words "likely to improve" are used, then without any medical evidence it cannot be held that the injury is totally permanent. Therefore, as far as the award of Rs.1,62,000/- under the head of loss of income is concerned, I do not find any reason to enhance the same. However, on other grounds I am in agreement with Mr. Pal.