STATE OF NAGALAND Vs. SANWATIBA AO

JUDGEMENT

(1.) This appeal has been filed by the State of Nagaland and others against the award of the Member, Motor Accident Claims Tribunal, Dimapur awarding a total compensation of Rs.3,04,000/- to the claimants-respondent, Sanwatiba Ao who was injured in a vehicular accident. The award has been given under the following headings:-

(2.) The injured has admittedly suffered hundred percent disability and has [become bed ridden for the rest of his life. He was aged 33 years at the time of accident having his wife and four minor children. The injured was a school teacher drawing a salary of Rs.850/- per month at the time of accident. With the passage of time his salary would have been increased manifold. The accident took place on 30.4.83. The court can take judicial notice of the existing salary of the school teacher in Nagaland. The Tribunal has not granted any future medical expenditure. Rs.40,000/- towards pain and suffering is quite on the lower side. Towards loss of expectation of life, no amount has been awarded. Even for loss of amenities of life Rs. 15,000/- is fairly low and should have been more. For personal attendance of the claimants Rs.20,000/- is quite inadequate, it should have been a particular amount every month for the rest of the life towards the salary of personal attendant. This is known to every one. Even if this court reducing the amount of compensation under heading No. 1, taking into consideration the grant of legal compensation under other headings; we are of the firm view that the present is not a fit case for reducing the amount of compensation. The award is just, fair and most reasonable.

(3.) For the reasons recorded above the appeal fails and is dismissed. No order as to cost. The awarded amount minus tine amount already paid along with 12% interest from the date of filing of the claim petition till realisation be paid within three months from today.