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2013 Supreme(Gau) 76

IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
S.C. DAS, J.
Sri Shashanka Choudhury – Appellants
Vs.
Sri Amal Bhattacharjee & Anr. – Respondent
Mac. App. No. 59 of 2002
Decided On: 06.02.2013

Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. S.K. Datta
For Respondents/Defendant: Mr. K. Bhattacharjee and Mr. S. Bhattacharjee

Headnote:

Motor Vehicles Act, 1988 – Section 166 – Compensation – Frustration and Mental Stress – Dissatisfied with quantum of compensation awarded by Motor Accident Claims Tribunal Agartala in Case appellant-petitioner preferred the appeal challenging judgment and award passed by the tribunal Kiriti Choudhury, minor son of appellant-petitioner, named above suffered severe fracture injury in his pelvis and rupture injury in his urethra as well as injuries in the lower abdomen including renal system due to a motor vehicle accident occurred hours on Assam-Agartala road near Longthrai Temple under Ambassa Police station involving vehicle with which Kiriti was traveling from Teliamura to Machmara – Held, Tremendous pain and suffering and has to continue suffering for the rest of life not get a suitable match in his life for his injury in pelvis – Petitioner stated that his marriage prospect is meager considering the pain and sufferings already suffered and considering future inconvenience and hardship discomfort frustration and mental stress of future compensation of insurance company i.e. the respondent No. 2 has already been held responsible by tribunal for payment of compensation and that finding stands good – Insurance company is to make payment of compensation, as determined by this Court, with interest thereon from date of filing of petition payment should be made within from today awarded amount should be kept in permanent fixed deposit in a nationalized bank to choice of injured and he will be entitled to withdraw monthly interest there from. Pursuant to award, made by tribunal payment has been made in the mean time shall be excluded –Appeal allowed.

JUDGMENT

S.C. Das, J.

1. Having felt dissatisfied with the quantum of compensation, awarded by the Motor Accident Claims Tribunal (Court No. 4), Agartala in Case No. TS. (MAC) 428 of 1998 the appellant-petitioner preferred the appeal challenging the judgment and award passed by the tribunal dated 20.04.2012. Kiriti Choudhury, minor son of the appellant-petitioner, named above, suffered severe fracture injury in his pelvis and rupture injury in his urethra as well as injuries in the lower abdomen including renal system due to a motor vehicle accident, occurred on 06.03.1998 at about 1330 hours on Assam-Agartala road near Longthrai Temple under Ambassa Police station involving vehicle No. TRT-4066 (Jeep) with which Kiriti was traveling from Teliamura to Machmara.

2. The tribunal has decided the issues that the accident occurred for rash and negligent driving of the vehicle and because of the accident Kiriti suffered the injury as stated above. The tribunal also held that the vehicle belonged to respondent No. 1 was insured with respondent No. 2, the Oriental Insurance Company Ltd. covering the risk on the date of accident. Since the finding of the tribunal, as aforesaid, has not been challenged, for brevity, reproduction of factual detail is carefully avoided.

3. The tribunal awarded a total compensation of Rs. 1,10,000/- with 9% interest there on from the date of filing of the claim petition i.e. 10.12.1998 on following head:

(i) Medical expenses incurred Rs. 10,000/-.

(ii) Future medical expenditure Rs. 10,000/-.

(iii) Pain and sufferings Rs. 15,000/-.

(iv) Loss of income Rs. 75,000/-.

Total Rs. 1,10,000/-

4. It is contended by the appellant-petitioner that the award made by the Tribunal is grossly inadequate and contrary to the law, settled by this Court and the Apex Court.

5. Heard learned counsel, Mr. S.K. Datta, for the appellant and learned counsel, Mr. K Bhattacharjee for the respondent No. 2, Oriental Insurance Company limited.

6. Respondent No. 1 has chosen to remain absent.

7. Let us first have a glimpse to the evidence and materials on record in respect of the incident of injury and nature of treatment undergone by the minor boy Kiriti.

According to the petitioner, on the date of accident the victim was first taken to the Dharmanagar hospital and on the following day, he was taken to Silchar Medical College hospital, where he was treated as an indoor patient from 07.03.1998 to 03.07.1998.

The discharge certificate of Silchar Medical College hospital is proved as Exbt. 1, which shows that Kiriti Choudhury was admitted in the said hospital in the Department of Surgery, Unit III and II on 07.03.1998 and he was discharged on 03.07.1998. He was treated for ruptured urethra with fracture of pelvis. Operation of supra pulse with puncture done on 07.03.1998 under G/A and rail road technique done on 18.06.1998 under G/A. He was discharged with an advice to report again after one month. The advice recorded on the back of the discharged certificate, apart from medicine, was to drink plenty of water and fluids.

Exbt. 2 series consists of 5 discharge certificates of Sundari Mohan Seva Bhawan, another prominent hospital in Silchar and it shows that for the second time Kiriti was admitted in the said hospital on 14.09.1998 and was discharged on 18.09.1998. He was treated for stricture urethra following fracture of pelvis, previous rail road repair. Urethroscopy and rail road insertion of foleys, catheter under S/A done on 15.09.1998. He was advised to report after one month.

For the third time, Kiriti was admitted in the said Sundari Mohan Seva Bhawan on 28.10.1998 and was discharged on 24.11.1998 suffering from stricture urethra and urethroplasty--1st Stage, 2nd Stage-scorbal flap urethroplasty done on 05.11.1998 and he was discharged with an advice to report after 7 days.

The fourth discharge certificate of the said hospital shows that he was again admitted on 23.12.2000 and was discharged on 11.01.2001 and was treated for stricture uret






























































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