Divisional Manager, The New India ... vs Ramji Lal And Another
2012 Latest Caselaw 831 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 638 of 2012
 

 
Petitioner :- Divisional Manager, The New India Assurance Co. Ltd.
 
Respondent :- Ramji Lal And Another
 
Petitioner Counsel :- Amit Manohar,R.P.S. Chauhan
 
Respondent Counsel :- A.T. Pandey
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Virendra Vikram Singh,J.

Hon'ble Rajes Kumar,J.

Hon'ble Virendra Vikram Singh,J.

Heard learned counsel for the parties.

The contention of the appellant is that the income claimed by the claimant at Rs.8,000/- of the deceased has not been accepted and, therefore, in the absence of any material  the minimum income of Rs.3,000/- per month should be taken while the Tribunal has estimated the income at Rs.4,500/- per month. He further submitted that there is no basis for the disability to the extent of 40%. The medical certificate issued by the Chief Medical Officer does not suggest permanent disability and no reason has been given for 40% disability. The Chief Medical Officer has not been examined by the Tribunal, therefore the Tribunal erred in giving the benefit of 40% disability.

Sri A.T. Pandey, learned counsel appearing on behalf of the respondent no. 1 requested that the matter may be taken up on Tuesday (1.5.2012) to enable him to seek instruction form his client.

Put up on Tuesday (1.5.2012) as fresh.

Order Date :- 25.4.2012

OP

Hon'ble Rajes Kumar,J.

Hon'ble Virendra Vikram Singh,J.

CIVIL MISC. DELAY CONDONATION APPLICATION.

Heard learned counsel for the parties.

Cause shown is sufficient. The application is allowed. Delay in filing the appeal is condoned.

Order Date :- 25.4.2012

OP