B.L. Hansaria, J.
1. This appeal is directed against an award of Rs. 36, 860.00 passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh. The award is relatable to a motor accident which took place on 13.4.1973. On that day, the claimant, a Lecturer in English in the Department of Education, Dibrugarh University, was travelling by a State Transport bus from Dibrugarh to Dergaon. On way, the bus met with an accident which caused grievous injury on the person of the claimant who lost his senses and subsequently derived the same when he found himself in the Assam Medical College, Dibrugarh. He had to remain hospitalised from 13.4.1973 to 30.5.1973 where after the present petition was filed claiming a sum of Rs. 1, 101,860.00 as compensation. The learned Tribunal on being satisfied about the negligence of the driver awarded a sum of Rs. 36, 860.00 of the following counts:-
(i) Special damages- Rs. 1, 860.00
(ii) Mental shock and bodily pain- Rs. 10, 000.00
(iii) Physical injury - Rs. 10, 000.00
(iv) Loss of future prospects - Rs. 15, 000.0
Feeling aggrieved at the award, the State Transport Corporation has preferred this appeal. A cross-objection has also been filed by the claimant describing the award of the aforesaid amount as grossly inadequate.
2. Shri Sharma appearing for the Corporation has very fairly confined his arguments on the question of quantum of compensation. According to the learned Counsel, the claimant was not entitled to two sums of Rs. 10,000/-, one on the count of 'mental shock and bodily pain' and another on the count of 'physical injuries''. This apart, the award of Rs. 15000/ - for the loss of future prospects of literary pursuits was not warranted as per the learned Counsel.
3. In so far as the first submission is concerned, we have been referred to a decision of this Court in New India Assurance Company v. M.H. Grewani (1) 2 GLJ 88, in which awards of Rs. 10,000.00 each for pain and suffering and mental agony was not upheld. For the same reason, submits Sri Sharma, the award of Rs. 20, 000/- in the present case on two skin grounds should not be sustained. Though mere is force in the contention of Sri Sharma it is urged by Shri Barua appearing for the claimant that the award of Rs. 15, 000/- on account of loss of future prospects of literary pursuits was inadequate inasmuch as the loss of memory and other attendant difficulties stood in a big way in the future career of the injured in as much as he could not pursue the research work which he had started in the United Kingdom. It may be stated that the claimant had returned to India from the United Kingdom sometime before the accident after obtaining his M.A. Degree in Linguistic from the Leads University. He had also started research work there but could not pursue he same after his return to India as his memory was affected. According to the claimant, it took him about 3 years to master many elementary things. As research in the field had advanced rapidly the claimant could not keep track with the same and ultimately he had to abandonee the idea of research according to Shri Barua. Another reason advanced by Shri Barua in not disturbing the quantum of amount award is that the value of money has fallen terribly after the claim was lodged in October, 1973. The force of the submission cannot be denied. Shri Barua has also brought to our notice that in the present case interest @ 6% was awarded whereas in many recent cases the Apex Court has awarded interest @ 12%.
4. Keeping in view all the above and the cross-objection filed by the claimant characterising the award as grossly inadequate, we have not felt inclined to disturb the quantum of compensation as awarded by the learned Tribunal. We, however, reject the cross-objection filed by the claimant
5. In the result, the appeal is dismissed along with the cross-objection. The amount unpaid by the Corporation shall be deposited with the learned Tribunal within a period of two months from today. On this amount being deposited the same shall be disbursed expeditiously in favour of the claimant.