STATE OF TRIPURA Vs. GOPI KANTA DEY

JUDGEMENT

(1.) We have heard Mr U.B. Saha, learned Govt. Advocate assisted by Mr A. Ghosh, learned advocate for the appellants. We have also heard Mr K.N. Bhattacharjee, learned senior counsel for the respondent/claimant.

(2.) This appeal is preferred by the State against the judgment and award dtd. 7.6.1996 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in MAC case No. T.S. (MAC) 29/ 1993 whereby the learned Tribunal awarded an amount of Rs.3,000/- per month for future treatment for a period of seven years amounting to Rs.2,52.000/- adding another sum of Rs. 12,000/- towards mental shock and physical sufferings and R5.40,000/- as the cost of treatment already incurred. Learned Tribunal also ordered interest for the whole amount @ 12% per annum from the date of filing of the claim petition on 4.3.93 till payment is made.

(3.) The basic facts may be noted. The claimant was holding the post of Joint Director in the Directorate of Fisheries, Govt. of Tripura. On 5.9.92 he was proceeding on duty in a Govt. vehicle bearing registration No. TR- 01-0816 from Agartala to Udaipur. The driver of the said jeep drove the vehicle in a rash and negligent manner and after he applied the break to control the vehicle, the vehicle went upside down and rolled several times and in the process the claimant sustained severe injuries. A Medical Board has been constituted by the State Govt. and the Medical Board certified that the claimant suffered above 40% of total disabilities. X-ray and scanning on the body were also done and it was found that his vertebrae have been fractured and his spinal cord received heavy pressure. At the time of the trial before the Tribunal, the claimant could not come for deposition and therefore, he was examined on commission.