The main legal point established in the judgment is that compensation for various expenses incurred due to a motor accident, including treatment, transportation, attendant charges, salary loss, pain and suffering, and future discomfort, should be substantiated by evidence and may be subject to enhancement if warranted.

JUDGMENT

This appeal by the claimant has been filed for enhancement of compensation and is directed against the award of the learned Motor Accident Claims Tribunal, West Tripura, Khowai dated 23.11.2007 passed in TS(MAC) No. 12 of 2007 whereby compensation of Rs. 81,130/- only was granted in favour of the appellant-claimant under the following heads:

The main grievance of the claimant is that the amount of compensation awarded is very much on the lower side. It is submitted that the expenses of medicines alone were Rs. 63,363/- and in addition thereto the claimant must be awarded sufficient amount for attendant charges, boarding and lodging etc. With regard to transportation expenses, it is urged that though the learned Tribunal had only awarded Rs. 11,130/-, the amount actually spent for Rs. 18,063/-. From the evidence on record the following facts clearly emerge. The claimant was immediately after the accident admitted in the G.B.P. Hospital, Agartala on 4th March, 2006 and was discharged therefrom on 14th March, 2006. He was suffering from fracture of his right arm. Thereafter on 14th March, 2006 the claimant went to Calcutta with one attendant and returned from there on 7th April, 2006. In Calcutta treatment was done and a nail was inserted and thereafter he had to go again to Calcutta on 27th November, 2006 and returned from there on 25th December, 2006. He was actually admitted in hospital only on 10th December, 2006 and discharged on 15th December, 2006. He also underwent physiotherapy treatment. Therefore, it is apparent that the petitioner had three bouts of treatment, one at Agartala, second at Calcutta and the third and final one again at Calcutta. The claimant has placed on record bills of Rs. 63,000/- for the amounts spent on his treatment. There is no reason to disbelieve these documents. In addition to that some expenses may be incurred for which bills may not have been kept, thus the claimant is awarded Rs. 70,000/- as cost of treatment.

2. Coming to the cost of transportation as claimed by the claimant he spent more than Rs. 18,063/- for air travel expenses alone. In addition there to there must be some taxi charges etc. and, therefore, he is awarded Rs. 20,000/- as transportation expenses.

3. The claimant has placed on record certain bills of hotels in which he himself stayed while in Calcutta or sometimes his attendants stayed at Calcutta. I am not taking these bills into consideration because no record has been produced from the hotel and only one receipt has been produced.

4. Be that as it may, the claimant has to be awarded attendant charges for his treatment both at Agartala and at Calcutta. In Agartala the claimant was in hospital for about 10 days and the cost of attendant in the year 2006 is taken at Rs. 200/- per attendant or Rs. 400/- per day for two attendants and the cost of attendants at Agartala itself works to Rs. 4000/-. In Calcutta the claimant had one attendant over two different spans. If the total of the two different spans is added the same works out to 23 days on the first occasion and about 30 days on the second occasion. As far as the first occasion is concerned the claimant was admitted in hospital, therefore, the cost of attendants for these 23 days @ Rs. 500/- per day (which would be included boarding, lodging and transport expenses of the attendants) works out to Rs. 11,500/-. As far as the second visit to Calcutta is concerned it is apparent by that time the claimant was himself moving around and he stayed in Calcutta for a long period only for his physiotherapy, for which no attendant was required. However, for the period when was again admitted in hospital he will be entitled to attendant charges and he remained admitted in hospital only for 15 days and @ Rs. 500/- per day Rs. 7,500/- is awarded. So, therefore, the total cost of attendant comes to Rs. 23,000/-

5. The claimant remained on leave for 390 days from the date of accident till 29th March 2007 i.e. for a p