SAMIR DHAR Vs. ANJAN ROY

JUDGEMENT

(1.) The core issue which arises for consideration in the present appeal is as to whether the claimant who sustained a permanent disability, is entitled to compensation towards "loss of future prospects", in view of law laid down by Hon'ble the Supreme Court in National Insurance Company Limited v. Pranay Sethi & others, (2017) 16 SCC 680.

(2.) The claimant/appellant lays challenge to the impugned award dated 07.07.2017 passed by learned Member, Motor Accident Claims Tribunal No.2, West Tripura, Agartala in case No. Title Suit(MAC) 21 of 2014, titled as Sri Samir Dhar v. Sri Anjan Roy and another, only with regard to the quantum of compensation determined by the Tribunal.

(3.) In the instant case, as a result of a motor vehicle accident, claimant has sustained permanent disability to the extent of 75%. The Tribunal determined compensation under various heads of loss of actual income; expenditure incurred for medical treatment including air fare, special diet and nutrition; loss of amenities and enjoyment in future life; pain and sufferings, quantified to be Rs.5,37,718.