ATUL CHANDRA MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) On 1/2/2013, the claimant, namely Atul Chandra Malakar, was hit by a motor vehicle bearing registration No. TR-02-A-5562, as a result of which, he sustained injuries. Undisputedly, the vehicle is owned by the State and the fault being that of the driver, as it stands revealed from the records. The injured had to undergo medical treatment at several places including the R.G.M. hospital at Kailasahar; GBP Hospital at Agartala; Silchar Medical College and the State Hospital at Patna, Bihar.

(2.) The tribunal, in a petition preferred by the claimant, under Sec. -166 of the Motor Vehicles Act, 1988, framed two issues, which stand decided in favour of the claimant. The tribunal has awarded compensation in the following terms viz. (a) Rs.30,000.00 towards pain and suffering; (b) Rs.3,05,799.00 towards the cost of treatment incurred at RGM, Hospital, Kailasahar, Paras HMRI Hospital and Popular Nursing Home, Patna and (c) Rs.25,000.00 towards loss of amenities etc.

(3.) The State has accepted the award and not preferred any appeal. It is the claimant, on a limited point, who has assailed the award for compensation quantified, is on the lower side.