The Tripura High Court allowed the Appellant's prayer to modify the compensation awarded by the learned Tribunal. A single bench comprising of Hon’ble Chief Justice (Acting) of Tripura High Court enhanced the 70% permanent functional disability assessed by the learned Tribunal to the extent of 100% since, after the accident, the left leg of the Appellant was amputated due to which he will be unable to perform his regular work i.e. driving a rickshaw.
Brief Facts:
In this case, the appeal was filed for enhancing the award dated 23.03.2021 passed by the learned Member, Motor Accident Claims Tribunal No.2, whereby the Tribunal awarded compensation of Rs.5,64,829/- in favor of the claimant with interest @ 6% per annum from the date of filing of the claim petition.
The accident of the Appellant occurred due to rash and negligent driving of the driver of the offending truck resulting which his left leg had to be amputated below the knee he also sustained a fractured distal radius and shaft of the ulna on the left forearm and multiple injuries on his body. The Appellant was a driver and due to the accident, he was unable to perform any work by using his legs and hands as such, the District Disability Board issued him a 70% Permanent Disability Certificate. The learned Tribunal assessed the income of the Appellant and granted him the awards of Rs.5,64,829/-.
Submissions of the Appellant:
The learned Counsel for the Appellant contended that the accident of the Appellant occurred due to rash and negligent driving of the driver of the offending truck resulting which his left leg had to be amputated below the knee. He also sustained a fracture distal radius and shaft of ulna on the left forearm and multiple injuries on his body. The Appellant was a driver, and due to the accident, he was unable to perform any work by using his legs and hands, and as such, the District Disability Board issued him a 70% Permanent Disability Certificate. The learned Tribunal assessed the income of the Appellant and granted him the awards of Rs.5,64,829/-.
Submissions of the Respondent:
The learned Counsel for the Respondent vehemently opposed the appeal filed by the Appellant, contending that the learned Tribunal had not committed any error in passing the award. The Tribunal correctly concluded and awarded compensation in favor of the Appellant after appreciating the evidence on record, which calls for no interference. Accordingly, he prayed for dismissing the appeal filed by the Appellant.
Observation of the Court:
This Court, after considering the contentions of both sides, was of the view that the permanent disability assessed by the learned Tribunal to the extent of 70% needs to be interfered with. The learned Tribunal failed to be more vigilant in determining the permanent disability since after the accident, the Appellant's left leg was amputated. Due to the amputation, the Appellant being a rickshaw driver, cannot drive his vehicle and was unable to perform his regular work and became permanently disabled. Therefore, the Court held that this case has to be considered a case of permanent functional disability and enhanced the disability assessed by the learned Tribunal to the extent of 70% to 100%. Further, the award of the learned Tribunal was modified by enhancing the compensation from Rs.5,64,829/- to Rs.6,44,029/-.
The decision of the Court:
The Tripura High Court allowed the appeal and modified the compensation from Rs.5,64,829/- to Rs.6,44,029.
Case Title: Shri Narayan Chandra Kar vs Shri Dulal Chandra Saha and others
Coram: Hon’ble Chief Justice (Acting)
Case no.: MAC. APP. No.30 of 2021
Advocate for the Appellant: Mr. S.M. Chakraborty
Advocate for the Respondent: Mr. K.D. Singha
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