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2008 DIGILAW 1075 (JHR)

Biswajit Nayak v. Bajrangbali Hard Coke

2008-09-04

JAYA ROY, M.Y.EQBAL

body2008
Order This appeal has been filed by the claimant-appellant for enhancement of the compensation amount against the judgment/award dated 8.4.2005 passed by 1st Addl. District Judge-cum-Motor Vehicle Accident Claims Tribunal, Jamshedpur, East Singhbhum in Compensation Case No. 291 01. The claimant-appellant, Biswajit Nayak employed in Border Security Force (in short B.S.F.) was travelling in a bus bearing Registration No. B.R.16P-7110 on 28.8.2000 and was going from Jamshedpur to his Village Dhadaggri, Midnapur District in West Bengal. When the bus reached near the village Punsa, a truck bearing registration No. UP 65H 3498 coming from opposite direction in rash and negligent manner, dashed the said bus, as a result of which, the claimant-appellant, Biswajit Nayak sustained multiple injuries and finally his right hand was amputed resulting permanent disability. The claim case was filed by the appellant claiming compensation of Rs. 16,08,045/-. 2. The Tribunal after considering the evidence held that the claimant is entitled to get compensation of Rs. One lakh in the head of injury, a sum of Rs. eighty five thousand being the lost of income for mental pain and agony and Rs. twenty thousand as an expenditure incurred in the treatment. The total compensation awarded by the Tribunal is Rs. 2,05,000/-. 3. In this appeal, interlocutory application has been filed by the appellant under Order 41, Rule 27 of the Code of Civil Procedure for adducing the additional evidence with regard to development occurred subsequent to the accident and the award passed by the Tribunal. 4. It appears that by Memo dated the 7th September, 2005, the employer namely, Border Security Force declared the appellant medically unfit and he was made to retire from the service w.e.f. 7.9.05 with pensionary benefit as admissible under the Central Civil Services (Pension) Rules, 1972. No reply or rejoinder has been filed by the respondent and challenging the genuineness of the said letter. 5. We therefore, do not find any difficulty to consider this document for coming to a just decision. 6. From the aforesaid memo it appears that after the accident, a Medical board was constituted and the appellant was examined, who was suffering from Traumatic Amputation of left hard above elbow. On this ground, the appellant was declared unfit for continuing in service. As a result of which, the appellant was made to retire w.e.f. 24.8.05. 7. 6. From the aforesaid memo it appears that after the accident, a Medical board was constituted and the appellant was examined, who was suffering from Traumatic Amputation of left hard above elbow. On this ground, the appellant was declared unfit for continuing in service. As a result of which, the appellant was made to retire w.e.f. 24.8.05. 7. As noticed above, this is a case of amputation of hand above the elbow of the appellant, who was in service as a constable in B.S.F. According to the appellant, while he was in service, his monthly income was Rs. 6,0001- and his take home salary was Rs. 3,792/-. At the time of the accident, the age of the appellant was 32 years. 8. Taking into consideration all these facts and evidences and the nature of the injury sustained by the appellant, in our considered opinion, at least the appellant must get a sum of Rs. 3,50,000/- as compensation for the injury caused in a Motor Vehicle Accident. 9. We, therefore, allow this appeal and enhance the compensation amount from Rs. 2,05,000/- to 3,50,000/- (Rs. Three lakhs fifty thousand only). The enhanced amount of compensation shall carry interest as awarded by the Tribunal from the date of the award.