(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 07.03.2012 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) No. 510 of 2009 whereby the Tribunal awarded compensation of Rs. 94,960/ - along with interest @ 6% per annum to the claimant under the following heads:
(2.) The undisputed facts are that on 28.03.2006 at about 12/12.30 pm claimant was coming from Belonia towards Agartala in a mini bus bearing registration No. TR -01 -1489. This bus met with an accident due to rash and negligent driving of the driver of the bus and the petitioner sustained various injuries on various parts of his body. He was taken to the Tripura Sundari Hospital wherein he was admitted on 28th March, 2016 and discharged on 4th April, 2016. He was suffering from compression fracture of D8 vertebra and fracture of the 8th left rib. The petitioner thereafter went to the ILS Hospital, Kolkata where he was admitted on 4th April, 2006 and discharged on 15th April, 2006 and here the diagnosis was burst fracture of the D8 vertebra, fracture of the 6th, 7th and 8th ribs and fracture of the sternal. A C.T scan of the dorsal spine was done and compression fracture of D8 vertebra and fracture of 4th to 8th ribs was revealed. Sternal fracture was also revealed. The M.R. scan of the brain revealed no major problem. Thereafter the petitioner remained under treatment and a certificate was issued by Dr. Rakesh Rajput on 14.10.2006 that the petitioner was fit to join duty. The petitioner has also produced some certificates of the Apollo Gleneagles Hospitals, Kolkata which show that he went to this hospital on 16.10.2006. He thereafter went there on 11.01.2008 and he advised to undergo surgery and cost of the surgery was estimated to be Rs. 2.5 to 3 lakhs. The petitioner was not undergone the surgery. There is no evidence in regard to the surgery.
(3.) 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.