SURENDRA PRASAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the aforesaid writ petitions have been filed by the same petitioner for direction to respondent-United India Insurance Company Limited and its authorities for modifying their discharge vouchers, which were for compensation of loss to the petitioner, but were far below the First Surveyor's Report, whereby the loss of the petitioner was assessed to the tune of much larger sums and, therefore, the amounts indicated in letter dated 18.3.2010 for the damage of road covering Chanage 00.00 KM to 10.00 KM and 10.00 KM to 17.745 KM (respectively in the aforesaid two writ petitions), Rosera Shivajee Nagar Baheri Path in Rosera Block of the district of Samastipur, were not only against the First Surveyor's Report, but were also in no way reasonable to meet the damages caused by the flood.

(2.) A further relief was claimed in both the writ petitions for directing the respondents to compensate the loss of the petitioner in view of the earlier interim Surveyor's report, which was done in presence of the Superintending Engineer, Executive Engineer, S.D.O. and Jr. Engineer of the Central Pubic Works Department (hereinafter referred to as 'the C.P.W.D.' for the sake of brevity) and by the Company appointed Surveyor, C.P.W.D. being co-insured had already written to respondent-lnsurance Company to pay the compensation amount at the higher rate.

(3.) In both the cases parties are same reliefs sought for are also same and they are based on similar facts, whereas, only the works allotted and the amounts fixed for them are different in both the cases and hence both of them have been heard together and are being decided by this common order.