Tripura High Court
Present vs . on 29 March, 2023
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
MAC APP NO.88 OF 2022
Sri Panku Miah Kazi
Vs.
Sri Sadananda Dey and ors.
HON'BLE THE CHIEF JUSTICE (ACTING)
Present:
For the Petitioner(s) : Mr. J. Ghosh, Advocate.
For the Respondent(s) : Mr. A.K. Deb, Advocate.
Ms. V. Poddar, Advocate.
29.03.2023
Order
This appeal has been filed before this Court under Section
173 of the Motor Vehicle Act, 1988, for enhancement of the awarded
compensation of Rs.68,320/- passed on 04.10.2018 by learned
Member, Motor Accident Claims Tribunal No.1, Gomati Judicial
District, Udaipur in T.S.(MAC)51/2016, to the extent of
Rs.3,00,000/- or more.
The case of the appellant in short is that on 01.05.2015 at
about 3 p.m. the petitioner Panku Miah Kazi was returning to Khilpara
by riding his bicycle. On the way when he reached Rajdharnagar near
one brick field, a vehicle bearing no. TR-03-D-1917 (Bolero Maxi
Truck) coming from Rajdharnagar at high speed dashed the petitioner
and caused an accident. As a result, the petitioner sustained grievous
injuries on his person and immediately he was taken to the Gomati
District Hospital where he was treated as an indoor patient w.e.f.
01.05.2014 to 14.05.2014. Due to the accident, the appellant
suffered fracture in his right leg, trauma in head, lacerated injury
over the right foot, and other multiple injuries on his person. During
treatment in the said hospital, he underwent an operation on his right
leg. After discharge from the hospital, the appellant continued his
treatment by attending OPD of the hospital and also by attending
private chamber of doctors. It is alleged that the accident took place
due to rash and negligent driving of the vehicle bearing no. TR-03-D-
1917 (Bolero Maxi Truck) by its driver. At the time of the accident,
the petitioner was aged about 26 years and his earnings was
Rs.9,000/- from doing work as day labourer. For the purpose of
treatment, he already has incurred a sum of Rs.1,00,000/-. In total
finally, he claimed compensation to the tune of Rs.3,00,000/-.
Concerning the accident, Kakraban PS case no. 38 of 2015 was
registered under Sections 279/338 of IPC
The Opposite Party Nos.1, 2, and 3 therein being
previous owner, driver, and present owner of vehicle no. TR-03-D-
1917 (Bolero Maxi Truck) in their joint written statement formally
denied the age, occupation, monthly income of the petitioner, the
accident, the injuries of the petitioner and the treatment and
expenditure therefore met by him. They, however, asserted that at
the time of accident, the vehicle was driven by an experienced
driver having his a valid driving licence and that the vehicle was
duly insured with opposite party No.4 National Insurance Co. Ltd.
Opposite party No.4 in their written statement also denied the age,
occupation, accident, and injuries of the petitioner as alleged by
him and urged for necessary proof of the insurance policy and
production of related vehicular documents
Based on the pleadings of the parties, the learned
Tribunal framed three issues of determination which are as
follows:-
1) Did the petitioner Panku Miah Kazi sustain injuries in a road traffic
accident occurred on 01.05.2015 at about 3 p.m. at Rajdharnagar near
brick field of Samir Das on Rajdharnagar-Khilpara Road under Kakraban
P.S. out of use of the vehicles bearing No.TR-03-D-1917 (Bolero Maxi
Truck) due to rash and negligent driving of its driver ?
2) Is the petitioner entitled to get any compensation, if so, to what
amount and who is/are liable to pay the same?
3) To what other relief/reliefs are the parties entitled?
To prove his case, the appellant-petitioner examined himself
as P.W.-1 and submitted certified copy of FIR, Ejahar, Seizure List,
discharge certificate, Injury report, cash memos and charge sheet
which were marked as exhibits and another witness also gave
evidence in support of his claim.
Learned Tribunal after hearing both the parties awarded
compensation of Rs.68,320/- in the following terms:-
In the result, the claim is allowed. It is ordered that, the
petitioner, Sri Panku Miah Kazi is entitled to compensation of Rs.
Rs.Rs.68,320/- (Rupees Sixty-eight Thousand Three Hundred Twenty only)
in total. The O.P. No.1,Sri Sadananda Dey and OP No.3 Sri Kamal Das,
previous and present owner of the vehicle bearing no.TR-03-D- 1917 (Bolero
Maxi Truck) are directed to equally make the payment of compensation
within two months from today along with interest @ 6% per annum
thereupon from the date of filing of claim petition i.e. from 12.09.2016 till
payment/realization of the same.
Being aggrieved and dissatisfied with the impugned
judgment and award passed on 04.10.2018, by the learned Member,
Motor Accident Claims Tribunal, Gomati Judicial District, Udaipur in
T.S.(MAC)51 of 2016, the appellant has filed this present appeal
praying for the following reliefs:-
" 1) Admit the appeal.
2) Call for the records from the Ld. Tribunal
below;
3) issue notice upon the respondents and
4) after hearing the parties would further be
pleased enough to modify the impugned judgment and award dated
04.10.2018 by way of enhancing the compensation of Rs.68,320/-
awarded by the Ld. Motor Accident Claims Tribunal, Gomati Judicial
District, Udaipur in case No.T.S.(MAC)51 of 2016 to the extent
prayed by the appellant before the Ld. Tribunal otherwise the
appellant would be highly prejudiced."
Heard Mr. J. Ghosh, learned counsel, and Mr. A.
Acharjee, learned counsel appearing for the appellant as well as
Mr. A.K. Deb, learned counsel appearing on behalf of
respondent No.4, and Ms. V. Poddar, learned counsel appearing
for respondents No.2 & 3 and perused the evidence on record.
In the impugned award dated 04.10.2018. The learned
Tribunal while considering the case of the appellant-petitioner
has discussed all the issues and awarded Rs. 68,320/- towards
his claim. The learned Tribunal has awarded Rs.4,200/- towards
the cost of attendant. The petitioner submitted cash memos of
Rs.28,115/- which he incurred during treatment towards the
costs of medicines etc., and the learned Tribunal has awarded
Rs.28,115/ towards the same. A lump sum amount of
Rs.6,000/- has been awarded towards the conveyance charge.
An amount of Rs.7,500/- has been awarded towards pain and
suffering and considering the nature of injuries, Rs.7,500/- for 3
months i.e. Rs.22,500/- has been awarded towards loss of
income.
So after considering the impugned award dated
04.10.2018, this Court is of the view that the award as passed
by the learned Tribunal is based on the legal parameter and
material findings. This Court finds no infirmities in the impugned
award dated 04.10.2018 and as such the same is upheld.
Accordingly, this present appeal stands dismissed. Stay
if any stands vacated. Pending application(s) if any also stand
closed.
CHIEF JUSTICE (ACTING)
suhanjit
