Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.

JUDGMENT

Arindam Lodh, J. - The instant appeal is directed against the Judgment and award dated 26.07.2017, passed by the learned Motor Accident Claims Tribunal(Court No.2), Agartala, West Tripura in connection with TS (MAC) 249 of 2012, for enhancement of the compensation.

2. Heard Mrs. S. Deb (Gupta), learned counsel appearing for the claimant-appellant. Also heard Mr. A. Gan Chaudhury, learned counsel appearing for the insurance company, the respondent No.2.

3. The brief facts are that the appellant herein filed an application under Section 166 of the MOTOR VEHICLES ACT , 1988 [for short MV Act] claiming compensation to the tune of Rs.73,00,000/- for his disability out of the accident occurred on 04.11.2011 on Agartala-Airport road due to rash and negligent driving of the motor cycle bearing registration No.TR03-A-4923. It is stated in the claim application that the claimant-appellant was travelling through the said motor cycle as a pillion rider at that time another motor cycle bearing registration No. TR02-A-9787 coming from the same direction at an abnormal speed dashed the motor cycle in which the claimant was travelling. Due to the said accident the appellant had suffered severe injuries on various parts of his body more particularly, in his left leg and became unconscious. He was taken to AGMC and GBP Hospital, Agartala where he was treated for few days and considering his precarious condition he was air-dashed to SSKM/AMRI Hospital, Kolkata on reference. He got admitted to Apollo Gleneagles Hospital, Kolkata for specialized treatment. He underwent major surgery. Steel plates were inserted in his left proximal tibia and in course of treatment he had to incur huge expenditure. The bills and vouchers were produced before the learned Tribunal in course of trial. He also produced disability certificate issued by the competent authority of the AGMC and GBP Hospital. The owner of the offending vehicle as well as the insurance company had contested the claim application. The insurance company did not adduce evidence.

4. Having considered all material evidence and relevant facts, the learned tribunal had awarded a sum of Rs.05,01,448/- as compensation in favour of the claimant-appellant.

5. Being aggrieved by and dis-satisfied with the said award the present appeal has been preferred by the claimant for enhancement of the award.

6. Mrs. Deb(Gupta), learned counsel appearing for the appellant has preferred to confine her submissions within the following points:-

(i) Exbt.15 i.e. the advisory note issued by the Apollo Gleneagles Hospital to the effect that the claimant was required to undergo another surgery to remove the plates and screws implanted in his leg in course of treatment wherein the estimated cost also was mentioned. The cost to be incurred is estimated to the tune of Rs. 1,66,300/-[approx.] was not considered by the learned Tribunal.

(ii) The claimant-appellant had adduced evidence that he was allowed to receive only half pay leave and for that reason, the claimant-appellant is entitled to encash the remaining half pay out of his salary during the period of his treatment i.e. for 176 days.

(iii) The claimant-appellant was further entitled to compensation for loss of future income even after his retirement.

In support of loss of future income even after the retirement, Mrs. S. Deb (Gupta), learned counsel appearing for the claimant-appellant has relied upon the decision of this Court rendered in National Insurance Company Ltd. vs. Sabita Biswas , reported in (2015) 1 TLR 574.

7. On the other hand, Mr. Gan Chaudhury, learned counsel appearing for the insurance company has submitted that learned Tribunal had considered extent of loss of income of the claimant-appellant. He has drawn my attention to the findings of the learned Tribunal wherein the learned Tribunal considered the disability certificate of the claimant-appellant and quantified the loss of future earnings.

8. Mr. Gan Chaudhury, learned counsel for the insurance co