RAKHI NANDI Vs. BABUL DUTTA

JUDGEMENT

(1.) HEARD Mr. P. R. Barman, learned counsel for the appellant. Also heard Mr. A. Lodh, learned counsel for the respondent-Insurance Company.

(2.) THE present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 3. 10. 02 passed by the learned Member, Motor Accident Claims Tribunal (for short, 'tribunal'), West Tripura, Khowai in TS (MAC) No. 68 of 2002. It appears that the claimant-appellant preferred a petition before the learned Tribunal for compensation in reference to the accident which took place on 1. 10. 2000 at about 6 pm when the claimant was travelling with her brother to Teliamura market on a rickshaw when she was dashed by a speedy vehicle bearing No. AS-14-0036. As a result, the claimant sustained fracture on her left leg and she was hospitalized and had undergone treatment. On the basis of the materials available on record, issues were framed and the claim petition was adjudicated upon. It appears that the discharge certificate in respect of her treatment of fracture on left tibia and right collar bone issued to the claimant from G. B. Hospital, Agartala for the period from 1. 10. 2000 to 21. 10. 2000 was taken into consideration by the learned Tribunal and the photocopy of the discharge certificate issued by the Silchar Medical College for the period from 3. 2. 01 to 3. 3. 01 was not accepted as despite granting sufficient time, original document and certificate could not be produced before the learned Tribunal.

(3.) IT appears that the learned Tribunal has taken into consideration the First Information Report (FIR), Discharge certificate issued from G. B. Hospital, other materials on record and arrived at a finding that the appellant-claimant had sustained injury by the said vehicle bearing No. AS-14-0036 on the said date by the rash and negligent driving of the said vehicle and accordingly, an amount of Rs. 30,000/- was awarded as compensation towards medical expenses, Rs. 10,000/- towards suffering and bodily pain and Rs. 20,000/- for impairing the power of the left leg and right collar bone. In total, Rs. 60,000/- was awarded as compensation.