Sekharjyoti Chakraborty vs Tapan Das and Others

Deepak Gupta, C.J.

This appeal by the claimant for enhancement of compensation is directed against the award dated 07.03.2012 delivered by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in T.S.(MAC) No. 510 of 2009 whereby the Tribunal awarded compensation of Rs. 94,960/- along with interest @ 6% per annum to the claimant under the following heads:

The undisputed facts are that on 28.03.2006 at about 12/12.30 pm claimant was coming from Belonia towards Agartala in a mini bus bearing registration No. TR-01-1489. This bus met with an accident due to rash and negligent driving of the driver of the bus and the petitioner sustained various injuries on various parts of his body. He was taken to the Tripura Sundari Hospital wherein he was admitted on 28th March, 2016 and discharged on 4th April, 2016. He was suffering from compression fracture of D8 vertebra and fracture of the 8th left rib. The petitioner thereafter went to the ILS Hospital, Kolkata where he was admitted on 4th April, 2006 and discharged on 15th April, 2006 and here the diagnosis was burst fracture of the D8 vertebra, fracture of the 6th, 7th and 8th ribs and fracture of the sternal. A C.T scan of the dorsal spine was done and compression fracture of D8 vertebra and fracture of 4th to 8th ribs was revealed. Sternal fracture was also revealed. The M.R. scan of the brain revealed no major problem. Thereafter the petitioner remained under treatment and a certificate was issued by Dr. Rakesh Rajput on 14.10.2006 that the petitioner was fit to join duty. The petitioner has also produced some certificates of the Apollo Gleneagles Hospitals, Kolkata which show that he went to this hospital on 16.10.2006. He thereafter went there on 11.01.2008 and he advised to undergo surgery and cost of the surgery was estimated to be Rs. 2.5 to 3 lakhs. The petitioner was not undergone the surgery. There is no evidence in regard to the surgery.

It is well settled law that in a case of injuries compensation is awarded under two heads; pecuniary damages and non-pecuniary damages. Under the head of pecuniary damages, the expenses of treatment, attendants, special diet, transportation, hospitalization will be covered. Under the head of pecuniary losses, the claimant will also be entitled to the amount of income which he has actually lost due to his being unable to attend his work and in case, the injury has caused a permanent disability, then the future loss of income shall also have to be considered. Under the head of non-pecuniary damages, normally damages will be awarded under the head of pain and suffering and in cases of permanent disability also for loss of amenities of life and future discomfort in life. In cases where the claimant is a young unmarried person and the injuries affect his marital prospects, damages for loss of marital prospects can also be awarded.

Applying the aforesaid principles I now proceed to assess the compensation under the different heads.

The petitioner remained in hospital for 7 (seven) days at Udaipur and 11(eleven) days at Kolkata. He was thus hospitalized for 18(eighteen) days. He would have required attendant round the clock and at Kolkata the claimant would also be required to arrange the boarding and lodging of the attendants. Keeping all these factors into consideration, I assess Rs. 1000/- per day for attendant charges and for 18 (eighteen) days the cost of attendant charges comes to Rs. 18,000/-.

The claimant has also produced bills of treatment for a sum of Rs. 56,280.35 paisa. In addition thereto the petitioner may have not kept certain small bills especially during his treatment in Tripura and therefore, I award him Rs. 65,000/- for cost of medicines.

From the report of the doctor I find that the petitioner was advised surgery but he did not undergo surgery because of his financial condition. I therefore, award him another sum of Rs. 50,000/- for future expenses.

Next comes the question of cost of transportation. The learned Tribunal has not awarded any amount under this head on the ground that the petitioner went to Kolkata of his own choice. That may be true, however this Court cannot ignore the fact that the medical facilities in Tripura are primitive. To say the least, proper facilities are not available and even for small fractures people have to go outside the State. Furthermore, this is a case of spinal injuries where the petitioner would require greater treatment and care and therefore, I feel that he is entitled to the amount spent on transport. The value of the air tickets itself is Rs. 25,785/-. There may have been some other expenses for surface transport and ambulance charges, therefore, I award him Rs. 30,000/- towards cost of transportation.

The petitioner was working as a electrical contractor and from the records I find that he could not have worked for at least 6(six) months. His income has been assessed at Rs. 10,000/- per month and accepting this income to be correct he is awarded Rs. 60,000/- for loss of income.

As far as pain and suffering is concerned the claimant has been awarded Rs. 20,000/- which in my opinion is just and reasonable calling for no enhancement.

The claimant has not been awarded any amount for loss of future discomfort and disability. There is no disability certificate but this Court can take judicial notice of the fact that the fracture of the spine can call recurring problems throughout the life and therefore, he is awarded another sum of Rs. 20,000/- under this head.

The total compensation is, therefore, assessed at Rs. (18000/- + 65,000/- + 50,000/- + 30,000/-+ 60,000/- + 20,000/- + 20,000/-) = Rs. 2,63,000/-. The award is accordingly enhanced from Rs. 94,960/- to Rs. 2,63,000/i.e. by Rs. 1,68,040/- which is rounded off to Rs. 1,68,000/-. The claimant shall also be entitled to interest on the enhanced sum of Rs. 1,68,000/-@ 9% per annum from the date of filing of the claim petition till deposit of the amount. The insurance company has already satisfied the amount awarded by the learned Tribunal. It is therefore, directed to deposit the enhanced amount of compensation along with proportionate interest thereupon in the Registry of this Court within four months from today.

The appeal is disposed of in the aforesaid terms. No order as to costs.

Send down the lower Court records forthwith.