Judgment and Order :

1. Heard Mr. D. K. Das Choudhury, learned counsel appearing for the appellant as well as Mr. K. Bhattacharji, learned counsel appearing for the respondent No.2. Despite due notice from this Court, none appears for the respondent No. 1.

2. This is an appeal by the claimant under Section 173(1) of the Motor Vehicles Act, 1988 from the judgment and award dated 11.02.2016, delivered in T. S. (MAC) No. 301 of 2014 by the Motor Accident Claims Tribunal, West Tripura, Agartala.

3. The finding that on 29.04.2014 at about 7.00 pm, the appellant was hit by the motor bike bearing registration No. TR- 01-P-8208 (T.V.S. Stars Sports), which was being driven by the respondent No. 1rashly and negligently. The said accident occurred on the I.T.I. road near Indranagar Dairy and from that accident the appellant sustained fracture injury in his right tibia. He was immediately rushed to the GBP Hospital, Agartala there he was treated as an indoor patient continuously for 16 days. He was operated upon and the plates are placed by nails to protect the tibia.

4. It is also not in dispute that the vehicle involved in the said accident was under valid insurance coverage by the respondent No. 2, United India Insurance Company Ltd., Agartala Division. The tribunal, on recording the evidence, has passed the impugned award granting a sum of Rs. 64,000/- with 9% simple interest from 26.09.2014, the day of filing the claim petition.

5. Being aggrieved by that amount of compensation, this appeal has been filed. Moreover, the appellant has become successful in admitting some additional evidence means if by the order dated 09.11.2016 delivered in I.A. No. 1005 of 2016. Those documentary evidence include the discharge certificate dated 14.05.2016 (Exhibit-9), the list of prescribed medicines (Exhibit- 10) requisitions made for medicines (Exhibit-11), registration dated 28.05.2016 of the appellant at Out Patient Department (Exhibit-12) prescription of Dr. Tapan Kr. Das dated 22.05.2016 (Exhibit-13), the cash memos dated 14.05.2016 and 19.05.2016 3 nos. (Exhibits 14-15 respectively), the payment slip of the ECG dated 23.02.2016 (Exhibit-16) and the cash memos dated 14.05.2016 2 nos.(Exhibit-17 series) issued by the Prativa Medical Hall, G. B. Bazar, Agartala. Those were introduced because after the first phase of treatment, the appellant has claimed that he had undergone the treatment continuously and finally on 14.05.2016 he had further undergone surgery for removing those plates and nails from the tibia.

6. Mr. D. K. Das Choudhury, learned counsel appearing for the appellant has submitted that even in assessing the income of the appellant, the tribunal has determined the victim’s monthly income in the lower side and calculated the loss of income only for two months even though the appellant was under incapacity for about 2 years.

7. He has further stated that the amount as awarded for pain and suffering at Rs. 30,000/-, in consideration of the trauma and suffering that the appellant has gone through is too meager an amount it requires interference by this Court.

8. That apart, for the appellant some further components in the compensation has been claimed, such as future treatment cost, transportation, expenses for of food and nourishment and the charge of the attendant for 16 days when the appellant was treated as the indoor patient. Further, for leave as was taken by his wife for 18 days.

9. Mr. K. Bhattacharji, learned counsel appearing for the respondent No. 2 has fairly admitted that the cost of the treatment in the second phase may be awarded to the appellant but the claim of future medical treatment is unrealistic in the circumstances and as such, this should be discarded by this Court. Moreover, he has submitted that after the treatment in the first phase, the appellant has claimed another sum of Rs. 60,000/- towards medicine, attendant’s charge, diet and transportation etc., cannot be granted as those are not supported by any documentary evi

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