A.C. Upadhyay, J.

1. I have heard the arguments advanced by Mr. Somik Deb, learned Counsel appearing for the Appellant and Mr. P. Goutam, learned Counsel representing the Respondent No. 5, Insurance Company.

2. This appeal has been filed claiming enhancement of compensation against the award dated 16.02.2002, passed by the learned Member, Motor Accident Claims Tribunal, South Tripura, Udaipur, in T.S.(MAC) No. 14 of 1999, whereby a sum of Rs.60,000/- was awarded by way of compensation in favour of the claimant-Appellant with interest thereon, for having sustained multiple injuries with 40% permanent disability.

3. The Appellant,who was 23 years of age , suffered multiple serious injuries, near Ittbhatta under Amtali PS., while he was traveling from Agartala to Udaipur by a Jeep bearing registration No. TR-01-3869, owned by Respondent No. 2. The accident took place as a result of head on collision with another vehicle. The claimant-Appellant, who sustained multiple serious injuries, was admitted in G.B. hospital, Agartala, where he was treated, as an indoor patient, from 06.07.1998 to 29.08.1998. Considering the grievousness of the injuries sustained by the claimant-Appellant, he was referred to S.S.K.M. hospital, Kolkata, for better treatment. However, due to financial constraints the claimant-Appellant could not go to S.S.K.M. hospital, Kolkatta, for better treatment. Consequently, the claimant-Appellant was discharged from the local hospital on 19.08.1998. However, as the injuries had not heal up, the claimant-Appellant was once again admitted as indoor patient at Tripura Sundari District Hospital w.e.f. 24.08.1998 to 04.09.1998. Accordingly, the claimant-Appellant was treated as an indoor patient in the hospital for about 55 days. The claimant-Appellant, for the purpose of his treatment, spent more than Rs.30,000/- but he was found to have sustained permanent disability to the extent of 40%. A certificate to that effect was issued to him by the District Medical Board. The claimant-Appellant filed application for compensation under Section 166 of the Motor Vehicle Act, delineating all the facts leading to his accident and consequent permanent disablement and claimed compensation of Rs.4,00,000/-, for medical expenses, mental agonies and sufferings and also for having sustained 40; permanent disability.

4. The Respondent-Opposite Party, entered appearance denying the allegations and submitted that since two vehicles were involved in the accident, in the event of any award of compensation in favour of the claimant-Appellant, the same should be borne by both the offending vehicles and responsibility should be fixed on both the vehicles. However, it was subsequently found that for both the vehicles were insured with the Respondent No. 5 insurance company.

5. The learned Member, Motor Accident Claims Tribunal, South Tripura, framed issues and recorded evidence of the witnesses. Finally, on perusal of the materials on record and on conclusion of the proceeding, the learned Tribunal held that the claimant-Appellant suffered permanent disablement because of the accident. But, while computing the compensation in favour of the claimant-Appellant, the learned Tribunal awarded a sum of Rs.40,000/- only, for the injuries and sufferings sustained by the injured claimant and additionally awarded a sum of Rs.20,000/- as incidental costs, including the cost of medicines etc. Being aggrieved by the above award, this appeal has been filed by the claimant-Appellant for enhancement of the award.

6. Learned Counsel for the claimant-Appellant has pointed out that there is no dispute in respect of the fact that the claimant-Appellant was 23 years of age at the time of accident and he had monthly income of Rs.3,000/- per month as he was the owner of one Ration Shop prior to the accident. Learned Counsel for the claimant-Appellant has submitted that the Respondents-opposite parties, except denying the assertion made by the claimant-Appellant, did n