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2015 Supreme(Tri) 622

DEEPAK GUPTA
Sailesh Das – Appellant
Versus
Manik Acharjee – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. S.M. Chakraborty, Sr. Advocate, Ms. B. Chakraborty, Advocate
For the respondent No.3:Mr. P. Gautam, Advocate

ORDER

1. This appeal by the claimant for enhancement of compensation is directed against the award dated 12-07-2010 delivered by the learned Motor Accident Claims Tribunal, South Tripura, Udaipur in case No. T.S.(MAC) 56 of 2009 whereby he awarded a sum of Rs.1,60,000/- in favour of the claimant along with interest @ 6% per annum.

2. The undisputed facts are that the claimant suffered a head injury in a motor vehicle accident. Due to this head injury he suffered loss of vision in one eye to the extent of 30%. He filed a claim petition under Section 166 of the Motor Vehicles Act (M.V. Act) claiming compensation and the Tribunal has awarded Rs.1,60,000/- under the following heads:-

 

Medical treatment including lodging, fooding and conveyance

Rs. 50,000/-

Pain & bodily suffering

Rs. 10,000/-

Loss of earning capacity

Rs.1,00,000/-

Total

Rs.1,60,000/-

3. At the outset, it may be noticed that the learned Tribunal has not followed the well settled principles relating to grant of compensation. No calculations have been made and lump sum figures have been awarde















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