The court ruled that compensation should reflect the nature of the injury as temporary disability, affecting future earning potential only where permanent disability is established.

JUDGMENT

1. This present appeal has been filed under Section 173(1) of M.V. Act, 1988 for setting aside as well as for modification of the award dated 20.04.2021 in Case No. T.S.(MAC)59 of 2014 passed by the Motor Accident Claims Tribunal, Court No.2, West Tripura Agartala preferred by the claimant-appellant herein.

2. The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 16.12.2013 at about 6.30 P.M. the claimant-appellant along with others were proceeding from Nagrai Bazar towards her house at Laxmicherra by boarding one vehicle, bearing registration No.TR-01-4148 (Commander Jeep) hereinafter referred to as the offending vehicle. The said vehicle when reached at Kashipada Colony of village-Korma, the driver lost his control and met with an accident resulting which the claimant-appellant along with others received grievous injuries on their person. The claimant-appellant sustained compound fracture on her body. Immediately after the accident, the claimant-appellant was brought to Amarpur Hospital in an unconscious condition where from she was referred to Tripura Sundari District Hospital, Udaipur for her treatment. But considering her serious condition doctors again referred her to AGMC & GBP Hospital, Agartala. There she was treated as an indoor patient for about eighteen days w.e.f. 16.12.2013 to 23.12.2013. As her condition was deteriorating she was referred to CMC, Vellore. On 23.12.2013 claimant was brought to Chennai with an escort by a doctor and she was admitted to the Apollo Hospital in the Department of Orthopedics. She got treated there as an indoor patient w.e.f. 23.12.2013 to 25.01.2014. The claimant appellant spent Rs. 12,50,000/- for her treatment. In this connection, a specific case vide Birganj PS case No. 138/2013, u/s 279/338 was also registered.

3. The claimant-appellant instituted a claim petition for granting compensation claiming Rs.49,48,000/-. The claimant-appellant claimed to be a permanent vegetable seller, aged about 36 years. In her claim petition, she impleaded the registered owner and insurer of the offending vehicle as mentioned above before the Motor Accident Claims Tribunal which was registered as T.S. (MAC)59 of 2014.

4. The adjudication of case No. T.S.(MAC) No.59 of 2014 was done by Member, MACT No.1, West Tripura, Agartala with an award amounting to Rs.12,54,818/- dated 12.01.2018.

5. Dissatisfied thereby, the claimant-appellant preferred an appeal before this Court against the said impugned judgment dated 12.01.2018. The said appeal was registered as MAC APP No.42 of 2018.

6. On 15.03.2019, the said MAC APP No.42 of 2018 was considered, and after hearing the parties vide judgment dated 12.01.2018, the impugned award dated 12.01.2018 passed in T.S.(MAC)59 of 2014 was set aside and remanded back on the following terms:-

'(a) Impugned award dated 12.01.2018 passed by learned Member, Motor Accident Claims Tribunal No.1, West Tripura, Agartala in case No. Title Suit(MAC) 59 of 2014, titled as Smt. Surabala Reang v. Shri Amal Majumder & another is quashed and set aside and the matter is remanded back to the Tribunal for consideration afresh;

(b) Parties undertake to appear before the Tribunal on 8th April, 2019, on which date, the respondents shall file their objection to the claim petition;

(c) A date shall be fixed by the Tribunal enabling the claimant to file response thereto and lead evidence, if so required and desired;

(d) Not more than three opportunities shall be afforded to each one of the parties for such purpose;

(e)