SANTANU ROY Vs. MD. HALAL UDDIN ALIAS HALAL MIAH

JUDGEMENT

(1.) This appeal is filed by the original claimant. He seeks enhancement of compensation awarded by the Motor Accident Claims Tribunal, Dharmanagar, North Tripura by impugned award dated 23.07.2016.

(2.) Brief facts are as under: The claimant Santanu Roy was going on his motorcycle at about 10 o'clock in the morning on 21.04.2013 when a mini truck collided with his motorcycle causing serious bodily injuries. He received injuries on his head and had a fracture on his arm. For such injuries he had to be treated at several hospitals. He had to be taken into Chennai for operation. He was a computer operator and also repairing mobile phones earning Rs.12,000 per month. According to the claimant, there was 60% permanent disability on account of the injuries. He, therefore, filed the said claim petition claiming compensation of Rs.35,00,671 from the driver and owner of the mini truck. It may be noted that the said vehicle was not insured at the time of the accident.

(3.) The Claims Tribunal believed that the accident took place due to sole negligence of the driver of the mini truck. The Tribunal awarded a compensation of Rs.48,000 towards actual loss of income believing the income of the injured to be Rs.6,000 per month. The Tribunal awarded the entire claim of medical expenditure of Rs.5,05,472. The Tribunal awarded a further sum of Rs.50,000 towards pain, shock and suffering. A total amount of Rs.6,03,472 was thus awarded by the Tribunal.