1. By this appeal filed under section 173 of M.V. Act, the appellant challenged judgment and award, dated 18.5.2002, passed by learned Member, Motor Accident Claims Tribunal, Sonamura, West Tripura, in case No. TS(MAC) 01/2001, in respect of quantum of compensation determined by the Tribunal.

2. Heard learned counsel, Mr. T. Datta Majumder for the appellant and learned counsel, Mr. P. Datta for respondent No.4. None appears for respondent Nos.1 to 3.

3. Fact, in short, for disposal of the appeal, may be noted, thus :

On 11.6.1999, the appellant was travelling with a jeep vehicle, bearing No.TR-01-2887 from Bishramganj to Agartala and, at about 5.00 p.m., when the vehicle reached at a place, named Gokulnagar (Konaban turning), on Bishalgarh-Agartala road, another truck vehicle, bearing No.TRL-6055, was coming from opposite direction and, both the vehicles had a head on collusion for rash and negligent driving of both the vehicles and, as a result, the jeep vehicle collapsed on the road side, and the appellant and other passengers of the jeep vehicle sustained injuries. The appellant sustained severe injury in his right hand thumb and he was immediately shifted to IGM Hospital wherefrom he was taken to G.B. Hospital and he was treated in the G.B. Hospital as an indoor patient from 11.6.1999 to 19.6.1999. Thereafter also, he continued his treatment as per the advice of the doctors of the G.B. Hospital and also attending the local private doctor. His right thumb finger was amputated in the hospital because of the severe cut injury. He was a confectioner and used to earn Rs.3,000 per month and because of the injury and loss of his right thumb finger he became permanently disabled and could not earn any more for maintaining himself and his family members. He prayed for compensation of Rs. 13,74,000.

The owners and insurers of the offending vehicles were arrayed as the respondents in the claim case and they filed their written statements as reflected in the judgment and award passed by the Tribunal.

In course of enquiry/trial, the Tribunal framed two issues, namely -

"(I) Whether Sri Narayan Ch. Banik, Claimant-petitioner, aged about 32 years received personal injury due to a road traffic accident on 11.6.1999 at about 5 p.m. at Gakulnagar on Agartala-Bishalgarh road under Bishalgarh P/S due to collision of vehicle Nos. TR01-2887(Jeep) and TRL-6055(Truck) and whether the alleged accident occurred due to rash and negligent driving of both the vehicles?

(II) Whether the Claimant-petitioner is entitled to get any compensation under M.V. Act, if so, what should be the quantum of compensation and who is liable to pay it?"

Considering the evidence adduced by the parties in course of trial the Tribunal held that the accident occurred for the rash and negligent driving of both the vehicles and the petitioner suffered injury due to the accident. The Tribunal, based on the disablement certificate submitted by the petitioner, also held that the petitioner suffered 20% disability because of amputation of his right thumb finger.

4. As I find, the Tribunal awarded compensation on three counts, namely -

(i) Towards cost of treatment : Rs. 5,000

(ii) Towards pain and suffering : Rs. 10,000 and

(iii) Loss of income for the disablement : Rs.50,000

In total Rs.65,000

The Tribunal also held both the insurance companies, i.e., respondent Nos.2 and 4, who were the insurers of both the vehicles, responsible to make payment of the compensation with interest thereon, in equal share.

5. It is submitted by learned counsel, Mr. Datta Majumder that the Tribunal awarded a lump sum compensation of Rs. 50,000 towards loss of income without considering the disability suffered by him. The petitioner was a young man of 32 years at the time of accident and because of the loss of his right thumb finger he actually became permanently disabled for any sorts of hard work. The Tribunal was bound to ascertain just compensation for the loss suffered by the petitioner because of the accident

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