Subhra Saha VsDipti Roy

Deepak Gupta, J.—This appeal by the claimant is directed against the award dated 16-11-2005 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S. (MAC) 511 of 2002 whereby he awarded a sum of Rs. 65,000/- along with interest in favour of the claimant.

During the course of the trial, the owner did not appear nor produced the insurance policy nor any driving license of the driver of the vehicle. Now, in appeal the owner has filed one miscellaneous application wherein the policy of insurance as well as a copy of the driving license has been filed. Along with this application, one award passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala has also been filed in which award of Rs. 4,17,577/- was passed in favour of Sri Jayanta Kumar Saha, husband of the present appellant and it is not disputed that this award has not been challenged by the Insurance Company. Therefore, the fact that the Insurance Company is liable cannot be disputed. Hence, the only question is what is the amount of compensation to which the claimant is entitled to.

The documents proved before the learned Tribunal show that the claimant was admitted in the hospital on 27-02-2001 and was discharged therefrom on 08-03-2001 suffering from commuted compound fracture of the lower end of the radius. This fracture has healed. Some other material has also been placed on record to show that the claimant thereafter got herself treated from private doctors. Unfortunately, the claimant has virtually led no evidence to prove what was the amount spent by her on her treatment but she has made an allegation that she went twice to Kolkata. She has also produced the discharge certificate from the G.B. Hospital. There are certain totally extraneous materials which she has placed on record with regard to the CT-Scan of a brain because when she was initially admitted in the hospital at Agartala, there was no brain injury and only fracture of the wrist was there. In the Tribunal, the claimant did not produce any disability certificate. Along with the appeal, a disability certificate has been produced. This is also not a permanent disability certificate but only a temporary disability certificate for 20% showing that the claimant had suffered some disability on the radio ulnar joint to the extent of 20%.

The learned Tribunal has awarded total amount of Rs. 65,000/- in all. Now, I proceed to assess the compensation under different heads.

The claimant was in hospital only for 11 days and would have required two attendants round the clock. If the cost of each attendant is taken at Rs. 250/- per day, the cost of two attendants for these 11 days works out to Rs. 5,500/-.

The learned Tribunal has awarded Rs. 35,000/- for medical expenses. In my opinion, this is just and reasonable calling for no enhancement and the same is accordingly upheld.

The claimant has not been awarded any amount for her two visits to Kolkata. Even in the year 2001/2002 a plane ticket to Kolkata would not have been less than Rs. 1,500/- and for two journeys to and fro from Kolkata Rs. 6,000/- is awarded.

The claimant has been awarded Rs. 10,000/- for pain and suffering which, in my opinion, is reasonable calling for no enhancement.

The next question is with regard to further loss of income. The claimant claims that she was a tailor. She has appeared in the witness box and stated that she cannot do any work with her right hand. This part of her statement is not believable because there is no evidence to show that she is totally incapacitated. However, her working capacity may have been affected to some extent and I assess her income at Rs. 3,000/- per month and the loss of dependency at Rs. 300/- per month or Rs. 3,600/- per year. Since the claimant was 41 years of age at the relevant time, the multiplier would be 14 and the loss on this count comes to Rs. 50,400/-.

In addition thereto, she is held entitled to Rs. 20,000/- for future discomfort and loss of amenities in life.

Therefore, the total compensation works out to Rs. (5,500 + 35,000 + 6,000 + 10,000 + 50,400 + 20,000) = Rs. 1,26,900/- (rupees one lakh twenty six thousand nine hundred).

In view of the above discussion, the appeal is allowed. The award of the learned Tribunal is modified and the compensation is enhanced from Rs. 65,000/- to Rs. 1,26,900/-, i.e. by Rs. 61,900/-. On the amount of compensation so awarded, the claimant shall also be entitled to interest @ 9% per annum from the date of filing of the claim petition till payment/deposit of the awarded amount. The Insurance Company has not challenged the award and, therefore, it is directed to deposit the entire awarded amount of compensation along with interest in the Registry of this Court within four months from today after deducting/adjusting the amount, if any, already paid/deposited by them along with proof of such earlier deposit.

The appeal is accordingly disposed of in the aforesaid terms.

Send down the lower court records forthwith.