Sukanta Choudhury vs Ashutosh Chanda

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 607

DEEPAK GUPTA
Sukanta Choudhury – Appellant
Versus
Ashutosh Chanda – Respondent

Advocates Appeared:
For the appellant :Mr. S. Saha, Advocate.
For the respondents No.2 & 3:Mr. P. Gautam, Advocate.

JUDGMENT :

This appeal for enhancement of compensation has been filed by the claimant in respect of award dated 29-01-2010 passed by the learned Motor Accident Claims Tribunal, Court No.1, West Tripura, Agartala in case No. T.S.(MAC) 393 of 2004 whereby the learned Tribunal awarded a sum of Rs.98,000/- in favour of the claimant, i.e. Rs.72,000/- for loss of future income, Rs.6,000/- for actual loss of income and Rs.20,000/- for medical treatment, conveyance allowance, special diet etc.

2. The Insurance Company has not challenged the award though a feeble attempt was made by Mr. P. Gautam, learned counsel appearing for the Insurance Company, to urge that the accident itself is not proved. I am not permitting the Insurance Company to raise this issue because having satisfied the award passed by the Tribunal, the Insurance Company cannot now turn around and argue that there was no accident at all. The only question is to what amount of compensation is the claimant entitled to.

3. The evidence on record clearly reveals that the claimant was admitted in the Silchar Medical College Hospital in two spells over 51 days. His index finger was amputated and there was injury to the middle finger