Tripura High Court
Smt. Mousumi Choudhury ... vs Md. Kabil Miah on 6 January, 2021
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
MAC APP 09 OF 2020
Smt. Mousumi Choudhury (Bhattacharjee),
wife of Sri Ashok Bhattacharjee, resident of North Joynagar,
Akhaura Road near Trinayani Club, P.S. West Agartala,
District- West Tripura
----Appellant(s)
VERSUS
1. Md. Kabil Miah,
son of late Ali Ahamad Miah, resident of Sovapur, Ward No. 1,
P.S. Sonamura, District- Sepahijala, Tripura
(owner of the offending vehicle bearing registration No. TR-01-D-
3154, Mahendra Max)
2. The Branch Manager,
Oriental Insurance Company Limited, Agartala-799001, West Tripura
(insurer of the offending vehicle bearing registration No. TR-01-D-
3154, Mahendra Max)
----Respondent(s)
For Appellant(s) : Mr. S. Bhattacharjee, Advocate
For Respondent(s) : None
Date of hearing & delivery
of Judgment & Order : 06.01.2021
Whether fit for reporting : Yes / No
HON'BLE MR. JUSTICE ARINDAM LODH
JUDGMENT(ORAL)
This appeal under Section 173 of the Motor Vehicles Act has been
preferred by the claimant-appellant against the judgment and award dated
18.11.2019 passed by the Motor Accident Claims Tribunal, Court No. 1, West
Tripura, Agartala in case No. T.S. (MAC) 215 of 2015.
2. Heard Mr. S. Bhattacharjee, learned counsel appearing on behalf of the
claimant-appellant. None appears on behalf of the respondents despite notices
being served properly.
3. The brief facts of the case are, that on 02.07.2013 at about 10.30/11.00
hours, the claimant-appellant along with some other passengers were
proceeding towards Sonamura from Melaghar by Jeep (Mahendra Max) bearing
registration No. TR-01-D-3154 and when the said vehicle reached at
Bholamura, suddenly the said vehicle got outlined from the road and fell down
into a water tank near Agartala-Sonamura road.
4. It is claimed in the claim petition that the said accident occurred due to
the rash and negligent driving of the driver of the vehicle, as aforesaid. The
appellant was subsequently treated at ILS hospital, Agartala. It is her claim that
she had spent Rs. 2 lakh for her treatment at the said hospital. She was
examined by the statutory Medical Board constituted by the State of Tripura,
Health Department. She was declared to have suffered disability to the extent of
20% for five years. The injury sustained by the claimant-appellant was
locomotor in nature. In total, the claimant-appellant has claimed Rs. 27,64,000/-
as compensation.
5. The insurance company and the owner of the vehicle contested the suit
by filing their respective written statement.
6. From the evidence, it is revealed that the claimant-appellant, Smt.
Mousumi Chowdhury (Bhattacharjee) was a government employee and was
serving under the Department of Food and Civil Supplies, Government of
Tripura as Lower Division Clerk having monthly salary of Rs. 26,000/-. From
the submission of learned counsel for the claimant-appellant, it is revealed that
she did not incur any loss of income because as a government employee
monthly salary was regularly paid to her. None of the respondents had adduced
evidence incourse of trial. The claimant-appellant had adduced evidence in
support of her claim and produced some documents in support of her treatment.
Having gone through the relevant documents submitted by the claimant-
appellant, the learned tribunal had awarded Rs. 1,02,034/- as compensation with
interest @6% per annum w.e.f. 20.08.2015 i.e. from the date of filing of the
case till the date of actual payment. It was also directed that the Oriental
Insurance Company will pay the amount of compensation with interest within
30 days from the date of receipt of the copy of the judgment and award passed
by the learned tribunal.
7. Learned counsel for the claimant-appellant has sought for enhancement
of the said award by way of filing the present appeal before this court. His
submission is that no award has been made in favour of the claimant-appellant
for loss of amenities and only Rs. 40,000/- was awarded under the head of pain
and sufferings.
8. It is observed in the judgment by the learned tribunal that the claimant-
appellant in course of trial had submitted a bill of ILS hospital for Rs. 27,731/-
for her treatment under exhibit-7. Besides that, she also has submitted vouchers
of ILS hospital for Rs. 8,300/- and cash memos of Rs. 1,003/- towards cost of
medicines. Thus, the claimant-appellant has submitted hospital bills, vouchers
and cash-memos to the tune of Rs. 37,034/- regarding cost of her treatment
which was allowed to her by the learned tribunal. The learned tribunal had also
considered the fact that during her five days stay in the hospital, she must have
two attendants and a sum of Rs. 5,000/- was awarded against the cost of
appointment of two attendants. In total, Rs. 42,034/- was awarded towards the
cost of treatment. In my opinion, this award of compensation under the head of
'cost of treatment' is reasonable and thus, is not interfered with. However, the
claimant-appellant was aged about 46 years at the time of the accident. She
suffered injuries on her right hand, which was broken. She must have suffered
severe pain and, in my opinion, a sum of Rs. 60,000/- against 'pain and
suffering' will be just and reasonable instead of Rs. 40,000/- as was awarded by
the learned tribunal under this head. The accident must hit conjugal life of the
claimant-appellant and being a typist, her working ability might have been
reduced. So, against the 'loss of amenities', in my opinion, Rs. 50,000/- will be
just and reasonable instead of Rs. 20,000/- as was awarded by the learned
tribunal. It is not submitted by the learned counsel for the claimant-appellant
that the near relatives of the claimant-appellant have incurred expenses out of
transportation to visit the claimant-appellant during her stay in the hospital for
five days. In my opinion, a sum of Rs. 5,000/- will be just and reasonable under
the head of 'cost of transportation'. I do not find any reason to interfere with the
other aspects of the judgment instead of the award, I have made.
9. Thus, the award is enhanced by Rs. 20,000/- under the head 'pain and
sufferings' and by Rs.30,000/- under the head 'loss of amenities' and also by
Rs.5,000/- under the head 'cost of transportation'. In total, the award is
enhanced by Rs. 55,000/-. The Oriental Insurance Company is to pay the
enhanced amount of compensation alongwith interest @ 6% per annum on the
enhanced amount of compensation within 3 (three) months from the date of
receipt of the copy of the judgment .
10. In the result, the judgment and award dated 18.11.2019 is interfered with
to the extent as indicated above and the appeal, therefore, stands partly allowed
and thus disposed of.
No order as to costs. Send down the LCRs.
JUDGE
Saikat
