DIPAK BARDHAN Vs. PRANAB DEBNATH

JUDGEMENT

(1.) I have heard the arguments advanced by Mr. Somik Deb, learned Counsel appearing for the Appellant and Mr. P. Goutam, learned Counsel representing the Respondent No. 5, Insurance Company.

(2.) This appeal has been filed claiming enhancement of compensation against the award dated 16.02.2002, passed by the learned Member, Motor Accident Claims Tribunal, South Tripura, Udaipur, in T.S.(MAC) No. 14 of 1999, whereby a sum of Rs. 60,000/- was awarded by way of compensation in favour of the claimant-Appellant with interest thereon, for having sustained multiple injuries with 40% permanent disability.

(3.) The Appellant,who was 23 years of age , suffered multiple serious injuries, near Ittbhatta under Amtali PS., while he was traveling from Agartala to Udaipur by a Jeep bearing regitration No. TR-01-3869, owned by Respondent No. 2. The accident took place as a result of head on collision with another vehicle. The claimant-Appellant, who sustained multiple serious injuries, was admitted in G.B. hospital, Agartala, where he was treated, as an indoor patient, from 06.07.1998 to 29.08.1998. Considering the grievousness of the injuries sustained by the claimant-Appellant, he was referred to S.S.K.M. hospital, Kolkata, for better treatment. However, due to financial constraints the claimant-Appellant could not go to S.S.K.M. hospital, Kolkatta, for better treatment. Consequently, the claimant-Appellant was discharged from the local hospital on 19.08.1998. However, as the injuries had not heal up, the claimant-Appellant was once again admitted as indoor patient at Tripura Sundari District Hospital w.e.f. 24.08.1998 to 04.09.1998. Accordingly, the claimant-Appellant was treated as an indoor patient in the hospital for about 55 days. The claimant-Appellant, for the purpose of his treatment, spent more than Rs. 30,000/- but he was found to have sustained permanent disability to the extent of 40%. A certificate to that effect was issued to him by the District Medical Board. The claimantAppellant filed application for compensation under Section 166 of the Motor Vehicle Act, delineating all the facts leading to his accident and consequent permanent disablement and claimed compensation of Rs. 4,00,000/-, for medical expenses, mental agonies and sufferings and also for having sustained 40; permanent disability.