Kalpa Rn. Chakma v. Priya Lal Banik And Another

THE HIGH COURT OF TRIPURA A G A R T A L A MAC App. No. 41 of 2012 Appellant:

Sri Kalpa Ranjan Chakma, S/o. Late Chikalsen Chakma, presently residing at Village :Abhoynagar and P.S:-East Agartala, District-West Tripura.

By Advocate :

Mr. S. Bhattacharji, Adv.

Opposite Parties :

1. Sri Priya Lal Banik, S/o. Sri Kanu Lal Banik, Resident of : Village : Chamanu, P.O and P.S-Chamanu, DistrictDhalai.

2. The Divisional Manager, United India Insurance Company Limited, Agartala Branch, Central Road, P.O:- Agartala, P.S:- East Agartala, District:-West Tripura.

By Advocates :

Mr. A. Das, Adv.

Mr. S. D. Choudhury, Adv.

B E F O R E HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA Date of hearing & Judgment & Order : 24th November, 2015. Whether fit for reporting :

Yes No √ JUDGMENT & ORDER (ORAL) This is an appeal for enhancement of compensation filed by the claimant and is directed against the award of the learned Motor Accident Claims Tribunal, Court No.2, West Tripura, Agartala dated 30.07.2011 in T.S(MAC) No. 92 of 2005 whereby the Tribunal awarded compensation of Rs.30,200/- along with interest @ 6% per annum to the claimant.

[2] The undisputed facts are that the claimant suffered injuries in a motor vehicle accident on 10.01.2003. He remained admitted in the Manu P.H.C for 9(nine) days from 10.01.2003 to 19.01.2003. Even the injury report has not been placed on record, so it cannot be said what was the injury sustained by the claimant. The claimant also supplied a disability certificate which shows that he had suffered 10% disability but the disability board has not clearly spelt out the disability. All that is stated is that there is Trauma L.B which means nothing. [3] The learned Tribunal has awarded Rs.5000/- for pain and suffering, Rs.2700/- for attendant/nursing charges, Rs.500/- as transportation cost, Rs.1000/- as cost of medicines and Rs.21,000/- for loss of income and the total compensation has been awarded Rs.30,200/- to the claimant. I do not see any reason to award any further award. The calculations made by the learned Tribunal are just and proper.

[4] Therefore, I find no merit in the appeal which is accordingly dismissed. No order as to costs.

Send down the lower Court records forthwith.

CHIEF JUSTICE MAC App. No. 41 of 2012