M.D. T.R.T.C. v. Abhijit Bhattacharjee

THE HIGH COURT OF TRIPURA A G A R T A L A MAC APP. NO.74 OF 2010 The Managing Director, Tripura Road Transport Corporation Ltd. (TRTC), Krishnanagar, Agartala.

..... Appellant.

- V e r s u s - Sri Abhijit Bhattacharjee, S/O. Late Anil Kumar Bhattacharjee, P.O. Agartala College, College Tilla, West Tripura, Agartala.

..... Respondent.

BEFORE

HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA For the appellant : Mr. P. Dutta, Advocate.

For the respondent : Mr. D.C. Roy, Advocate.

Date of hearing and : 24.02.2015.

delivery of judgment and order.

Whether fit for reporting : NO.

JUDGMENT & ORDER (ORAL) This appeal by the Tripura Road Transport Corporation is directed against the award dated 20-10-2009 passed by the learned Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala in case No.T.S.(MAC) 84 of 2008 whereby the learned Tribunal awarded a sum of Rs.2,94,549/- along with interest @ 6% per annum in favour of the claimant.

2.

From the award, I find that the claimant was initially admitted in the G.B.P. Hospital, Agartala for 2 days. He thereafter went to Kolkata for treatment and he remained admitted in Park

Site Nursing Home, Kolkata from 20-09-2006 to 16-10-2006, i.e. for 27 days. He has been awarded only the amount spent by him towards purchase of medicines, undergoing tests etc. Virtually nothing has been awarded to him for attendant charges at Kolkata for 27 days.

3.

I am in agreement with Mr. P. Dutta, learned counsel for the appellant, that probably the amount awarded as future loss of income is slightly on the higher side but I am at the same time of the view that the amount awarded for medical expenses, pain and suffering and future discomfort and loss of amenities of life is very much on the lower side and, therefore, though I may not agree with the reasoning given in the award, the amount arrived at is by and large reasonable calling for no interference. 4.

Therefore, I find no merit in this appeal which is accordingly dismissed.

5.

Send down the lower court records forthwith.

CHIEF JUSTICE MAC APP. 74 of 2010 Page 2 of 2