Sri Susanta Kumar Debnath vs Sri Sambhu Datta
2021 Latest Caselaw 30 Tri

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                   HIGH COURT OF TRIPURA
                      A_G_A_R_T_A_L_A

                    MAC. App. No. 61 of 2018

1.    Sri Susanta Kumar Debnath, son of Sri Narayan
      Debnath, resident of Dhaleswar, P.S. East Agartala,
      District: West Tripura.
                                                 .....Appellant

                        -V E R S U S-

1.    Sri Sambhu Datta, son of Sri Lab Kumar Datta, resident
      of Mohanpur, P.S. Sidhai, District: West Tripura.
      [Owner of the offending vehicle bearing registration
      No.TR01-Y-1682 Bolero]

2.    The Divisional Manager, National Insurance Com.
      Ltd., Agartala Branch, District: West Tripura.
      [Insurer of the offending vehicle No. No.TR01-Y-1682
      Bolero vide policy No.203000/31/15/6300014851]

                                               ..... Respondents

B_E_F_O_R_E HON'BLE MR. JUSTICE ARINDAM LODH

For Appellant(s) : Mr. S. Bhattacharjee, Advocate.

Ms. Sima Acharjee, Advocate.

For Respondent(s) : Ms. R. Purkayastha, Advocate.

Date of hearing and
delivery of Judgment
& Order                   :      06.01.2021
Whether fit for reporting :      NO


                JUDGMENT & ORDER (ORAL)

The claimant-appellant herein became a victim of an

accident which occurred on 28.04.2016 at Shalbagan. By way of

preferring the present appeal, the claimant-appellant has urged this

Court to enhance the amount of compensation awarded by the

learned tribunal vide judgment and award dated 07.09.2017 passed

by the learned Motor Accident Claims Tribunal, No.2, West

Tripura, Agartala in T.S (MAC) 130 of 2016, wherein, the learned

tribunal has awarded Rs.6,79,454/- as compensation.

[2] The owner of the offending vehicle and the insurance

company appeared and contested the suit before the tribunal by

way of filing written objection. The accident is not disputed by any

of the respondents. The vehicular documents also are not disputed

by the insurance company. At the time of accident the claimant was

aged about 22 years and he was a student of BBA studying at

Bangalore.

[3] During pendency of the appeal, the claimant-appellant

had adduced additional evidence to substantiate that he underwent

further treatment at Chennai. I have perused the documents and

also the evidence admitted in course of additional evidence. For

purpose of reference, the additional documents which were

exhibited as per order of the Court dated 10.01.2020 are

reproduced hereinunder:

Sl. No. Particulars Date Page(as per Rupees paper book)

1 Air ticket 04.01.2028 113 Rs.6,129/-

2 Air ticket 12.01.2018 114 Rs.7,435/-

3 Air ticket 30.01.2018 115 Rs.18,387/-

4             Cash Receipt   08.01.2018    119          685/-
5             Bill           05.01.2018    120          Rs.1,135/-
6             Consolidated   03.04.2018    121-123      Rs.1,57,346/-
              bill
7             Bill           18.01.2018    124-125      Rs.80,485.38/-
8             Air ticket     27.03.2018    129          Rs.6,834/-
9             Air ticket     04.04.2018    130          Rs.12,754/-
                                           Total        Rs.2,91,371/-




[4]          Learned counsel appearing for the appellant has

submitted that in total, the claimant has spent Rs.3,25,237/- for his

treatment which he undertook subsequently. I have perused the

documents regarding bills and vouchers and in my opinion, the

claimant-appellant has been able justify the amount to the extent of

Rs.2,91,370/-. As such, in my opinion, the claimant-appellant is

entitled to be awarded compensation to the tune of Rs.2,91,370/-.

Accordingly, the award of the learned tribunal is enhanced to

Rs.2,91,370/-.

[5] Ms. Purkayastha, learned counsel appearing for the

respondent-insurance company has tried to point out some

discrepancies in the calculation but later on it reveals that the

calculation as submitted by the learned counsel for the appellant is

correct and justified.

[6] Needless to say that, during further treatment the

claimant-appellant had suffered huge mental and physical pain and

for this reason, this Court is of the view that Rs.1,00,000/- shall be

added to the enhanced amount i.e. Rs. 2,91,370 + 1,00,000 =

Rs.3,91,370/-.

[7] In the above backdrop, the instant appeal stands

allowed to the extent as indicated above. The respondent-insurance

company i.e. The National Insurance Co. Ltd, is directed to pay the

enhanced amount of compensation to the tune of Rs.3,91,370/-

within a period of 3[three] months from the date of receipt of the

judgment and order. It is further clarified that the entire amount

shall carry 7.5% interest which is to be quantified from the date of

filing of the claim application.

With the aforesaid terms the present appeal stands

partly allowed. Send down the LCRs forthwith.

JUDGE

A.Ghosh