Tripura High Court
Shri Biplab Pal vs Sri Chandan Patari on 10 March, 2022
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
MAC APP NO.83 OF 2019
Shri Biplab Pal,
S/o Sri Niranjan Pal,
Resident of Village-South Jolaibari,
P.O.-Jolaibari, P.S.-Baikhora, Dist-South Tripura.
......... Appellant-Claimant(s)
Vs.
1. Sri Chandan Patari,
S/o Sri Subodh Chandra Patari,
Resident of Rajnagar, P.O.-Samarganja,
P.S.- Sabroom, Dist.- South Tripura,
(Owner of the Commander Jeep No.TR.03.3192).
2. Shri Gobinda Chandra Pal,
S/o, Late P.C. Pal,
Resident of B.G. 25 Hanapara, Kestapur,
P.O. Krishnapur Bazar, P.S.- Baguihati,
Kolkata-700102.
Previously resident of 73/3 Ekdalia Road,
Kolkata, Pin-700019.
(Owner of Maruti Suzuki No.W.B.-025-7527.
3. National Insurance Company Ltd.
Represented by its Branch Manager,
Udaipur Branch, Central Road,
P.O.- R.K. Pur, Gomati Tripura,
Pin-799120.
(Insurer of the TR-03-3192)
4. National Insurance Company Ltd.
Represented by its Divisional Manager,
189/1, Bidhan Nagar Road,
Kolkata-700067.
(Insurer of the WB-025-7527)
......Respondent Opposite Parties
For the Petitioner(s) : Mr. S.M. Chakraborty, Sr. Advocate.
Mr. R.R. Datta, Advocate.
For the Respondent(s) : Mr. S.D. Choudhury, Advocate.
Date of hearing and delivery of
Judgment & Order : 10.03.2022.
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER(ORAL)
This instant appeal has been filed under Section 173 of
the M.V. Act, 1988 against the award dated 16.08.2019
passed by the learned Member, Motor Accident Claims
Tribunal, West Tripura, Agartala Court No.5, in T.S. (MAC)
No.412 of 2011.
2. Brief facts, leading to this case are that on
21.06.2011 at about 12.40 hours, the appellant herein was
proceeding to Ramrai Bari by riding his bicycle. On the way
to the junction of the village, he found his friend Dwibyendu
Chowdhury and he got down from the bicycle and was
talking with him. At that time, one commander jeep bearing
registration No.TR-03-3192 coming from Ramrai Bari
towards Jolaibari and a Maruti Vehicle bearing No.WB-025-
7527 coming from Jolaibari collided face to face and
thereafter dashed the appellant-herein and his friend. It is
alleged that the accident occurred due to the rash and
negligent driving of the drivers of both vehicles. Due to the
accident, the claimant-appellant herein sustained fracture
injuries and was shifted to Jolaibari PHC wherefrom he was
referred to GBP hospital, Agartala for better treatment and
he remained admitted there till 23.06.2011. As there was
no progress of the treatment, the appellant herein was
admitted to the Tropical Orthopedic & Related Research
Centre, Agartala on 23.06.2011, wherein, an operation was
performed by Dr. Sankar Halder on 25.06.2011. The
appellant-herein was discharged on 28.06.2011. As per the
advice of Dr. Halder, the claimant-appellant herein again
attended the hospital on 05.07.2011, 23.07.2011,
04.08.2011, and 23.08.2011 for check-up. On 23.09.2011,
the appellant herein further attended the said hospital for
removal of one screw of an interlocking nail, but, the other
two screws were removed after 3(three) years. During
treatment, the appellant herein was also escorted by his
father, Niranjan Paul who is day labour by profession. The
appellant claimed to be day labour by profession and has
been earning Rs.250/- per day. Due to said accident, the
appellant could not perform his regular duties from
21.06.2011 to November 2011. It is further stated that as
per the opinion of the attending doctor, the appellant may
not be able to walk for about 3(three) years from
23.08.2011.
3. The appellant-claimant filed a case for
compensation for Rs.4,26,000/- before the learned Member,
Motor Accident Claims Tribunal, West Tripura, Agartala as
the appellant would reside at Agartala at the time of filing of
the said case being T.S.(MAC) 412/11 which was
transferred to the file of the MACT, No.5. The learned
Tribunal passed an award dated 01.06.2013 allowing only
Rs.66,038/- with 9% interest per annum from the date of
filing of the claim.
4. Against the said award, the appellant filed an appeal
being MAC App. No.95/2013. Notices have been served
upon respondents No.1, 3 & 4 properly. But the notice could
not be served upon respondent No.2, though notice has
been sent by registered post. Subsequently, after hearing
the same, Hon'ble Chief Justice, High Court of Tripura has
sent back the record, after setting aside the award dated
01.06.2013 in T.S. (MAC) 412 of 2011 with a direction to
dispose of the case within 6(six) months. Accordingly, the
learned tribunal after a fresh trial disposed of the T.S.
(MAC) No.412 of 2011 on 16.08.2019 awarding
Rs.2,30,294/- with 9% simple interest per annum to be paid
by the Insurance Company. As per the award, the insurance
company paid the amount.
5. Being aggrieved by and dissatisfied with the said
award, the appellant preferred this appeal and prayed for
the following reliefs:-
" a) Admit the appeal;
b) Call for the record of the T.S.
(MAC)412/11 from the Court of the learned
Member, Motor Accident Claims Tribunal, West
Tripura, Agartala, Court No.5;
c) Issue notice upon the respondents;
d) After hearing the parties may pass
necessary award/judgment, setting aside the award
dated 16.08.2019 passed in T.S.(MAC) No.412/11
and may award just compensation.
e) Pass any such order/orders, relief/reliefs as
to the Hon'ble Court may seem fit and proper."
6. Heard Mr. S.M. Chakraborty, learned Sr. counsel
assisted by Mr. R.R. Datta, learned counsel appearing for
the claimant-appellant and Mr. S.D. Choudhury, learned
counsel appearing for the respondents.
7. During the course of the argument, Mr. S.M.
Chakraborty, learned Sr. counsel, appearing for the
claimant-appellant has drawn the attention of this Court
seeking enhancement on the account of loss of income at
Rs.6,000/- a month for a period of 3(three) years as the
learned Tribunal has considered only 1(one) year and the
appellant-claimant is entitled to 2(two) more years of
enhancement since he was away from service. In support of
his said claim, he has drawn the attention of this Court to
the document at Page No.89 of the Paper Book. The said
document is the doctor's certificate which is dated
07.06.2014, wherein the Doctor has categorically stated "IM
Nail removed on 06.06.2014". Accordingly, medication has
been prescribed.
8. Except for the pleading of the claimant-
appellant, neither any medical evidence nor any
documentary evidence is on record in support of this claim
seeking enhancement. In the absence of any such evidence,
this Court has no hesitation to say that the claim cannot be
considered.
9. In view of the above observation and direction,
this instant appeal stands dismissed. As a sequel,
miscellaneous applications pending, if any, shall stand
closed.
JUDGE
suhanjit
