STATE OF TRIPURA Vs. GOPI KANTA DEY

JUDGEMENT

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

(2.) This appeal is preferred by the State against the judgment and award dated June 7,1996 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 Rs. 40,000 as the cost of treatment already incurred. Learned Tribunal also ordered interest for the whole amount @ 12 per cent per annum from the date of filing of the claim petition on March 4, 1993 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, Government of Tripura. On September 5, 1992, he was proceeding on duty in a Government 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 Government and the medical Board certified that the claimant suffered above 40 per cent 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.