IN THE HIGH COURT OF JHARKHAND AT RANCHI
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M.A. NO. 293 OF 2007
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Mitra Rekha Debi............... ...... Appellant.
Versus
1. Smt. Vijay Lakshmi Srivastava.
2. Anupa Debi.
3. Oriental Insurance Co. Ltd.
4. National Insurance Co. Ltd. ................ Respondents.
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CORAM ; HON'BLE MR. JUSTICE M.Y.EQBAL
HON'BLE MRS. JUSTICE JAYA ROY.
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For the appellant : M/s. Bakshi .Vibha & Bijaya Kishore Pd.
For the respondents M/s Alok Lal & Pratyush Kumar.
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8./ 25.05.2009
Heard the counsel for the appellant and the counsel
for the respondents-Insurance Companies and with their consent this
appeal is being deposed of at the admission stage.
The appellant is the claimant. This appeal has been filed for
enhancement of compensation amount. The undisputed facts are that the
claimant- appellant along with others was traveling in a bus which met
with an accident resulting in serious injuries to the passengers of the bus
including the claimant- appellant. The appellant sustained severe injury
on her thigh and there was a shaft fracture. It is stated that one nail was
inserted and the injury led to permanent disablement of 15% .
The Tribunal awarded a sum of Rs. 68,000/-.Learned
counsel for the appellant produced before us a copy of the judgment
passed by this court in M.A. No. 263/2007 and submitted that in the said
appeal filed by one Miss Indra Rekha Sinha who also sustained similar
injury , has been awarded a sum of Rs. 1.40,000/- . According to the
learned counsel the appellant is also entitled to a compensation which
has been awarded to another passenger of the bus i.e. Miss Indira Rekha
Sinha.
We have perused the judgment produced before us and we
find that in order to prove the injury the claimant examined witnesses
including a doctor ,namely, Dr. Suresh Prasad Debuka who has stated
about the injury sustained by the appellant. The only difference is that
the injury which the appellant sustained, led to 15% disablement whereas
in the case of Miss Indra Rekha Sinha, it was 25%.
Hence, considering the aforesaid fact we are of the view that
the appellant should also get at least a compensation of Rs. 1,25,000/-.
This appeal is, therefore, allowed and the amount of
compensation of Rs. 68,000/- is enhanced to Rs. 1,25,000/- which shall be
apportioned between the two Insurance Companies in the manner as
directed by the Tribunal. Needless to say that the enhanced amount of
compensation minus the amount already paid, shall be disbursed to the
appellant within a period of 30 days from the date of receipt of a copy of
this order.
( M.Y.Eqbal, ,J.)
( Jaya Roy,,J. )
BNO/-