RAHUL DEV SHARMA Vs. SRI SUBHASH PRASAD SINGH AND ORS
LAWS(JHAR)-2017-7-7
HIGH COURT OF JHARKHAND
Decided on July 07,2017

Rahul Dev Sharma Appellant
VERSUS
Sri Subhash Prasad Singh And Ors Respondents

JUDGEMENT

- (1.) This appeal is directed against a part of the judgment dated 16.01.2013 passed in M.A.C.T Case No.03/2011 by learned Presiding Officer, M.V.C.T, Jamtara, whereby the Tribunal has awarded an amount of Rs.1,54,835/- as compensation, hence, this appeal for enhancement. Having heard learned counsel for the parties and on going through the impugned order, it transpires that the Tribunal has not granted any amount towards pain and sufferings undergone by the appellant and loss of enjoyment of life for the period for which he was confined to bed and running hospital for treatment. Thus, in the facts and circumstances, it is deemed just, fair and reasonable to enhance the compensation amount from Rs.1,54,835/- to Rs.2,05,000/-. Accordingly, respondent- Oriental Insurance Company shall pay the enhanced amount in the Lok Adalat less the amount, if any, paid earlier in terms of the order of the court below.
(2.) With the aforesaid modification, the impugned order is modified to that extent and affirmed with respect to other issue, i.e right to recover the amount by the respondent-Insurance Company from the owner of the vehicle, i.e respondent no.1. Office is directed to list this case before Lok Adalat, to be held on 8.7.17. ;


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