ASSAM STATE TRANSPORT Vs. ATUL CHANDRA GOSWAMI

JUDGEMENT

(1.) THIS appeal is directed against an award of Rs. 36,860.00 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh. The award i s rela table to a motor accident which took place on 13.4.1973. On that day, the claimant, a Lecturer in English in the Department of Education, Dibrugarh University, was traveling by a State Transport bus from Dibrugarh to Dargaon. On way, the bus met with an accident which caused grievous injury on the person of the claimant who lost his senses and subsequently derived the same when he found himself in the Assam Medical Collage, Dibrugarh. He had to remain hospitalised from 13.4.1973 to 30.5.1973. Whereafter the present petition was filed claiming a sum of Rs. 1,101,860,00 as compensation. The learned Tribunal on being satisfied about the negligence of the driver, awarded a sum of Rs. 36,860.00 on the following counts:

(2.) SHRI Sarma appearing for the Corporation has very fairly confined his arguments on the question of quantum of compensation. According to the learned Counsel, the claimant was not entitled to two sums of Rs. 10,000/-, one on the count of'' mental shock and bodily pain" and Anr. on the count of " physical injuries". This apart, the award of Rs, 15000/- for the loss of future prospects of literary pursuits was not warranted as per the learned Counsel.

(3.) KEEPING in view all the above and the cross-objection filed by the claimant characterising the award as grossly inadequate. We have not felt inclined to disturb the quantum of compensation as awarded by the learned Tribunal. We, however, reject the cross-objection filed by the claimant.