SADHNA SAHA Vs. COMMANDING PROVISIONING

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 01.07.1998 passed by the learned Member, Motor Accident Claims Tribunal, South Tripura, Udaipur (hereinafter referred to the Tribunal for short) in T.S.(MAC) No. 158 of 1997 by which a compensation of Rs. 50,000/- with interest @ 12% per annum from the date of filing the claim petition was awarded to the appellants for the injuries sustained by their son in a vehicular accident. Dissatisfied with the award, the appellants claimed enhancement of the compensation amount in this appeal.

(2.) Heard Mr. P. Roy Barman, the learned counsel for the appellants. We have also heard Mr. A. Ghosh, the learned counsel for the respondents.

(3.) The material facts of the case are no longer in dispute. The appellants are the parents of a minor boy, namely, Sri Raki Saha. The victim boy was about 8 years old at the time of accident in question and was a student of Class-I. On 01.06.1997, at about 5 pm, the victim was suddenly hit by the vehicle bearing No. TRP-359 (Jeep) belonging to the respondent Nos. 1 and 2 while escorting Hon'ble Minister Sri Ranjit Debnath in front of their house situated by the side of Melagarh-SagarmahaJ road when the driver of the vehicle lost control due to rash and negligent driving. Due to the accident, the victim sustained injuries and was immediately taken to Melagarh Hospital, from where, on refenence, was taken to G.B. Hospital, Agartala for medical treatment. The victim boy underwent operation in his left leg then and there and after 2/3 months underwent another operation of his leg and in the process, his left leg was shortened by 2.5 crn. The victim was in the hospital for 24 days, whereafter he was discharged but was continued to be treated at his house. The police registered a regular case being Malagarh P.S. Case No. 30/1997 under Section 279/338 of IPC in connection with the said accident. During the treatment of their son, the appellants used to visit G.B. Hospital regularly and had to stay in hotel. They, accordingly, claimed R.s. 2,80,000/- as compensation.