NIRMAL CHANDRA PAUL Vs. ADITYA DEB

JUDGEMENT

(1.) This appeal seeking enhancement of the amount of compensation is directed against the judgment and award of the Motor Accident Claims Tribunal. West Tripura, Agartala (in short tribunal) passed on 21.8.1996 in T.S. (MAC) 76 of 1992, by which an amount of Rs. 55,000/- along with interest @12% per annum was awarded in favour of the claimant-appellant for the injuries sustained by him on his right hand in a motor accident.

(2.) The short facts leading to the claim are that on 16.8.1991 at about 11 A.M., the claimant Nirmal Ch. Paul while walking towards his house at Hapania, was knocked down by the offending vehicle AS-11 1358 on Agartala-Udaipur Road due to rash and negligent driving. He sustained injuries and was taken to the G.B. Hospital, where he was treated in three spells covering more than a month. He was aged 35 years and was earning Rs. 1,800/- per month from a grocery shop owned by him. A complaint was registered with the Amtali Police Station immediately after the accident and accordingly Amtali P.S. Case No. 8(8)91 was registered under Sections 279/338 I.P.C. He claimed that he did not recover fully instead of long spell of treatment entailing an amount of Rs. 25,000/ He claimed an amount of Rs. 8,56,000/- as compensation for the injuries, which, according to him, caused permanent disablement to the extent of 25%.

(3.) Learned Tribunal after a full dressed trial, examining two witnesses and taking into consideration the documents in support of the claim held that the claimant was earning not more than Rs. 1500/- per month from the grocery shop and that having regard to 25% disablement, his loss of income was not more than 1/3 of the monthly income, i.e. Rs. 500/- per month. The Tribunal thus calculated the loss of income at Rs. 500/- x 12=Rs. 6,000/- which was multiplied by 10 to arrive at Rs.60,000/-. From this amount, he made 10% standard deduction towards uncertainty of life and profession bringing down the amount to Rs. 54,000/-. Thereafter, he added Rs. 1,000/- for shock and sufferings, which finally made the amount to Rs. 55,000/-. He also allowed interest @12% per annum on the awarded amount from the date of filing of the application, i.e. 26.6.1992 till the date of payment.