Ujjala Debbarma VsSaraj Debnath

Deepak Gupta, C.J.—This appeal for enhancement of compensation by the claimant is directed against the award dated 18-01-2008 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in case No. T.S.(MAC) 512 of 2004 whereby the learned Tribunal has awarded a sum of Rs. 65,000/- to the claimant along with interest.

The undisputed facts are that the claimant suffered injuries in a motor vehicle accident which took place on 14-02-2004 involving bus bearing No. TR-01-1248. This bus was owned by Sri Saraj Debnath and insured with the National Insurance Company Limited. The only issue is to what amount of compensation is the claimant entitled to. From the evidence on record, it is apparent that the claimant was initially admitted in the G.B.P. Hospital, Agartala for 24 days. Thereafter, she was admitted in the Nightingale Hospital and Research Centre at Silchar on three different occasions for a period of 17 days in all. As such, her period of hospitalization is 41 days. The claimant is a permanent resident of Sachindranagar in Jirania and, therefore, when she was admitted in Agartala or in Silchar, she would have required attendants round the clock and at least two attendants would have been required. Since the treatment took place in the year 2004, the cost of one attendant is taken to Rs. 250/- per day and the cost of two attendants works out to Rs. 500/- and for 41 days, the cost of attendants works out to Rs. 20,500/-.

The claimant has produced cash memos and bills for a sum of Rs. 8,938/-. This Court is aware that all bills are sometime not maintained and keeping in view the long treatment, a sum of Rs. 20,000/- is assessed as the cost of treatment.

The claimant would have also had to spend some amount for transportation, both to Agartala and thrice to Silchar. Therefore, the amount of Rs. 10,000/- for transportation would be reasonable and as such, the amount of Rs. 50,000/- awarded by the Tribunal as medical expenses is reasonable calling for no enhancement.

However, as far as the amount awarded for pain and suffering is concerned, I am of the view that the amount awarded is on the lower side. The claimant was in hospital for 41 days and she remained under treatment for over three months and, therefore, she is held entitled to Rs. 25,000/- for pain and suffering.

Lastly, comes the question of loss of income. As per the statement of the claimant, she was a government employee and her salary at the relevant time was Rs. 6,000/- per month. In the claim petition, the claimant has claimed that she remained on leave for 210 days but she has not even produced any proof thereof. However, keeping in view the nature of the injuries and the period of treatment, it can be safely assumed that she remained on leave for 90 days. Even if she has been paid salary for the leave purpose, her right to get leave encashment at the time of her retirement is affected. No salary certificate has been produced to prove what was the salary of the claimant. Even in her statement recorded on affidavit, she has not stated what was her income. Therefore, keeping in view the fact that she was working as M.P.W. in the Health Department, her salary could not have been less than Rs. 5,000/- in the year 2004 and, therefore, she is awarded Rs. 15,000/- for loss of income.

As such, the total compensation works out to Rs. (50,000 + 25,000 + 15,000) = Rs. 90,000/- (rupees ninety thousand).

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. 90,000/-, i.e. by Rs. 25,000/-. On the awarded amount, 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 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 it along with proof of such earlier deposit.

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

Send down the lower court records forthwith.