SUSHANTA PAUL Vs. SMTI JATANTI PAUL AND ANOTHER

JUDGEMENT

(1.) Claimant Sushanta Paul is present and duly represented by his learned counsel Mr. A.R Agarwala. Mr. D.D. Deka, Manager, United India Insurance Company as well as Ms. Parimita Barman, Administrative Officer, United India Insurance Company are also present.

(2.) For an injury of fracture of clevical left over the back along with multiple injury over the body and fracture in the right ankle requiring implantation of steel plate, a claim of Rs. 3,10,000/- (Rupees three lakhs ten thousand) was made by claiming a medical expenditure of Rs. 1,60,000/-, loss of income of Rs. 60,000/-, loss of future amenities of Rs. 50,000/- and pain and suffering of Rs. 40,000/-. The learned Motor Accident Claims Tribunal, Dhubri by its order dated 06.04.2015 had awarded an amount of Rs. 59,500/-, being Rs. 43,500/- for medical expenditure, Rs. 6000/- for loss of income for two months @ income rate of Rs. 3000/- per month and pain and suffering and loss of amenities for Rs. 10,000/-.

(3.) As per the norms of Lok-Adalat of the Gauhati High Court, the loss of notional wages of a skilled worker is taken to be Rs. 5000/- per month and the claimant states that he works as an Electrician having his own private business. Further, from the nature of injuries sustained and the treatment undertaken, the period of treatment can be taken to be 12 months. Accordingly, the loss of income comes to Rs. 60,000/-. As Rs. 6000/- has already been paid under the said head, the balance of amount payable to the claimant would be Rs. 54,000/- towards loss of income. Towards medical expense, it is amicably agreed that the claimant had incurred expenditure of Rs. 1,00,000/-. As Rs. 43,000/- was awarded towards medical expense, therefore, the claimant is entitled to a balance amount of Rs. 56,5000/- towards medical expense. The enhancement of Rs. 54,000/- and Rs. 56,500/-, comes to a total of Rs. 1,10,500/-.