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2014 Supreme(Tri) 100

DEEPAK GUPTA
Bimal Debnath – Appellant
Versus
Gobinda Chandra Saha, Sri Haradhan Biswas and The Branch Manager, The Oriental Insurance Company Limited – Respondent


Advocates Appeared:
For Appellant:Ms. P. Ghatak, Advocate.
For Respondents:Mr. S.M. Ali, Advocate.

JUDGMENT

Deepak Gupta, C.J.

1. This appeal by the claimant is directed against the award of the learned Motor Accident Claims Tribunal, South Tripura, Udaipur, dated 21.08.2006 whereby an amount of Rs. 68,988/- was awarded to the claimant under the following heads:

Aggrieved by the award, the petitioner has filed the present petition for enhancement of compensation. Ms. Pratima Ghatak, learned counsel appearing for the petitioner has very competently argued the matter and submits that the amount awarded for pain and suffering and medical expenses is extremely low. She also submits that the claimant being a labourer, his earning capacity has been affected by more than 5% and, therefore, the compensation should be suitably enhanced. On the other hand Mr. S.M. Ali, learned counsel appearing on behalf of the insurance company submits that the award is reasonable calling for no enhancement.

2. Since the only issue involved in this appeal is the amount of compensation to which the claimant is entitled to. I am only discussing that portion of the amount. The claimant was earning Rs. 2,700/- per month and this fact is proved on record. He was aged about 30 years. It is also not disputed that h












































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