Ms. S. Acharjee vs Mr. D.C. Saha
2022 Latest Caselaw 1034 Tri

                             HIGH COURT OF TRIPURA
                                   AGARTALA

                              Review Pet. 22/2021

For Petitioner(s)        :     Ms. S. Acharjee, Advocate.

For Respondent(s)        :     Mr. D.C. Saha, Advocate.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

07/12/2022

The Member, MAC Tribunal No.1, West Tripura, Agartala

has returned the file with the deposition of Dr. Santosh Reang,

Associate Professor, Department of Orthopaedics, Agartala Medical

College and GBP Hospital, Agartala.

[2] Heard Ms. S. Acharjee, learned counsel appearing for the

claimant-appellant. It is submitted by Ms. Acharjee, learned counsel

that the evidence recorded by the learned Member, MAC Tribunal

No.1, Agartala pursuant to the direction of this Court has clearly

established that the claimant had been suffering from 100%

disability as a result of the accident when he filed the appeal.

Counsel argues that this Court has delivered judgment in the appeal

on the basis of 60% disability and in view of the evidence of Dr.

Santosh Reang, the compensation awarded by this Court in appeal

requires enhancement.

[3] Ms. Acharjee, learned counsel contends that the

claimant-petitioner is completely bedridden due to his disability and

he is unable to follow the ordinary pursuits of life. It is further

submitted by learned counsel that the petitioner was a mason by

occupation and now as a result of the disability arising from the

accident, he has become completely jobless and as such learned

counsel urges the Court for enhancing the compensation awarded to

the petitioner in review of the judgment which has been passed by

this Court in appeal.

[4] Mr. D.C. Saha, learned counsel appearing for the

insurance company urges for a short adjournment to prepare and

argue in the case.

Adjournment, as prayed for by Mr. Saha, is allowed.

List the matter for further hearing on 14.12.2022.

JUDGE

Sabyasachi G.