PARESH DEBNATH Vs. SAJAL DEY AND ORS.

JUDGEMENT

(1.) This appeal by the claimant for enhancement of compensation is directed against the award dated 16.10.2012 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) No. 109 of 2003 whereby the Tribunal awarded compensation of Rs. 1,87,320/ - along with interest @ 6% per annum to the claimant under the following heads:

(2.) In this appeal the only issue which arises is whether the compensation awarded is just or not? Therefore, no other evidence needs to be discussed.

(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.