The main legal point established is that compensation for motor accident claims should be computed in accordance with the provisions of Section 163-A of the MV Act, taking into consideration the nature of the injury and loss of income.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. M. Talukdar, the learned counsel for the appellant as well as Mr. R. Goswami, the learned counsel for the respondent No. 2 Insurance Company.

2. This is an appeal filed by the appellant/ claimant seeking enhancement of the award made by the Motor Accident Claims Tribunal for the injury suffered by him.

3. Brief facts of the case may be narrated at the outset. The appellant was engaged as a Driver of Tripper bearing Registration No. AS-24/6842 by his employer i.e. Tantia Construction Limited (respondent No.1). On 12.03.2008 at about 5.10 pm, while unloading earth from the Tripper at Bandarkhal, all of a sudden due to mechanical defect, the Tripper moved backwards and fell into a deep gorge. As a result, the appellant sustained fracture of shaft of right femur and abrasion on right eye. He was immediately taken to Borkhola PHC for treatment and thereafter, shifted to Silchar Medical College and Hospital (SMCH). He was admitted in the said Hospital as an indoor patient w.e.f. 12.03.2008 to 04.04.2008 i.e. for 23 days and during this period, he underwent an operation. In connection with the accident, GD Entry No. 192 dated 13.03.2008 was made by Borkhola Police Station and upon making an inquiry the police found that the accident indeed happened and the appellant sustained injuries. As a result, the appellant filed a claim under Section 163-A of the Motor Vehicles Act, 1988 (MV Act) before the Member, Motor Accident Claims Tribunal, Silchar, Cachar. The claim was registered and numbered as MAC Case No. 222/2011. In support of his claim, the appellant examined himself as claimant witness No. 1 and Doctor Sarfraz Iman, an Orthopaedic Doctor of SMCH as claimant witness No. 2. The respondent no. 2 as well as the owner of the accident vehicle did not examine any witness but they filed their written statement. Consequently, the Tribunal vide the impugned Judgment dated 30.11.2013 disposed of the claim by awarding a sum of Rs. 44,526/- along with interest @ 9% per annum w.e.f. the date of filing the claim application to the appellant as compensation.

4. Mr. M. Talukdar, the learned counsel by referring to the grounds taken in the memo of appeal submits that the Tribunal failed to take into consideration the evidence on record in the proper perspective while deciding the case. He submits that the Tribunal committed error in awarding only a sum of Rs. 25,000/- towards pain and suffering. The appellant was admitted in hospital for 23 days to undergo treatment. He received severe injuries on his right thigh i.e. fracture of right femur and as a result, he had to undergo a major operation. Further, his right eye was damaged and he also received injuries on different parts of his body. The appellant is a driver by profession and due to the accident, he could not continue his work and totally lost his earning capacity. However, the Tribunal has awarded compensation for loss of earning for the period of hospitalization only. He also submits that the evidence on record clearly shows that he was adviced to undergo Physiotherapy treatment for one and half year. Against the medical vouchers submitted by the appellant to the tune of Rs. 10,987/-, the Tribunal only awarded a sum of Rs. 9,526/-. The appellant was not completely cured and required further treatment but however, the Tribunal did not award any compensation for his future treatment. Under the circumstances, the learned counsel submits that the award of the Tribunal should be enhanced suitably.

5. Mr. M. Talukdar, the learned counsel further submits that in a case of injury, the Tribunal is required to determine compensation broadly under two heads i.e. pecuniary damages and non-pecuniary damages. He submits that pecuniary damages will include expenses for treatment, hospitalization, medicine, transportation, food and other misc. expenditure. Further, it will also include loss of earning during the period of treatment and also loss of future earnings in case