UNION OF INDIA Vs. REETA RANI BHAGENDRA SINGH & ANR
HIGH COURT OF BOMBAY
UNION OF INDIA
Reeta Rani Bhagendra Singh And Anr
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M. S. Sonak, J. -
(1.) Heard Ms. Purnima Awasthi alongwith Mr. Upendra Lokegaonkar instructed by Mr. Y. R. Mishra for the appellant and Mr. Jaswant Singh for the respondents.
(2.) The appellant-Union of India, challenges the judgment and award dated 28.04.2009 made by the Motor Accident Claims Tribunal, Pune (MACT), awarding the respondents-claimants total compensation of Rs.13,09,500/- on account of demise of Bhagendra Singh, a non-commissioned officer with the Indian Army in a road accident on 17.10.1991. There is no dispute that on account of the accident, Bhagendra suffered serious injuries, inter alia to his spinal cord, resulting in Tetraplegia, which means paralysis of all four limbs with loss of bladder and bowel control. Bhagendra survived as a cripple and a tetraplegic from 17.10.1991 till 2006, when, he expired under tragic circumstances.
(3.) The Claim Petition in which, the impugned award has been made was instituted by Bhagendra while he has living. However, during the pendency, Bhagendra expired and the Claim Petition was pursued by his widow-Reeta, daughter-Reema and son-Shersingh. Bhagendra was 33 years on the date of the accident Reeta 30 years, Reema 1 year and Shersingh 7 years. The Claim Petition was initially instituted by Bhagendra at Tezpur, Assam. After treatment at Base Hospital at Tezpur, Assam, Bhagendra was Shifted to the Military Hospital at Kirkee (Pune). The Hon'ble Supreme Court, transferred the Claim Petition from Assam to Pune. The MACT, Pune, by impugned award, has granted compensation of Rs.13,09,500/- to the respondents-claimants.;
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