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Sri Prabhas Das vs Sri Dipak Das
2022 Latest Caselaw 1135 Tri

Citation : 2022 Latest Caselaw 1135 Tri
Judgement Date : 21 December, 2022

Tripura High Court
Sri Prabhas Das vs Sri Dipak Das on 21 December, 2022
                                                         1




                                         HIGH COURT OF TRIPURA
                                               AGARTALA
                                         Review Pet.No.22 of 2021

                     Sri Prabhas Das, S/O- late Nitai Chandra Das R/O - Kumarghat,
                     Ambedkar   Nagar   P.S-    Kumarghat,    District  -    Unakoti
                                                                 -----Petitioner(s)
                                                Versus

                     1.Sri Dipak Das, S/O- Dilip Das, R/O- Village-Ashram Palli,
                     Kumarghat, near Krishna Kali Ashram, P.S- Kumarghat, District -
                     Unokoti, Tripura. (Owner of the vehicle bearing Registration No.
                     TR- 02-B-2866).

                     2.The Divisional Manager, Oriental Insurance Company Ltd.
                     Hariganga Basak Road, Agartala, District- West Tripura (Insurer of
                     the    vehicle  bearing    Registration     No.     TR-02-B-2866
                                                                 -----Respondent(s)

                                                     BEFORE

                            HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY

                     For the Petitioner(s)       :     Ms. S.Acharjee, Adv.

                     For the Respondent(s)       :     Mr. B.Majumder, Adv.
                     Date of hearing             :     14.12.2022
                     Date of delivery of         :     21.12.2022
                     Judgment/Order
                     Whether fit for reporting   :     YES/NO
                                                               

                                                     JUDGMENT

[1] This Revision Petition has been filed seeking review of

the judgment dated 30.06.2021 passed by this Court in MAC

Appeal No.31 of 2020 whereby this court declined to interfere with

Review Pet.22/2021

the judgment and award of the MAC Tribunal and dismissed the

appeal of injured claimant Prabhas Das.

[2] The factual background of the case is as under:

Twenty-five years old claimant Prabash Das, a mason

by occupation, was travelling in the offending vehicle bearing

registration No. TR-02B-2866 from Asrampalli to Tasanta Road in

Manu on 28.07.2016 at about 9.30 am. On the way, he slipped

from the speeding vehicle as a result of rash and negligent driving

of the said vehicle. Injured claimant was immediately taken to RGM

Hospital at Kailashahar in critical condition from where he was

referred to AGMC and GBP Hospital at Agartala. After few days of

treatment as an indoor patient he was discharged from the

hospital. Thereafter, he visited Silchar Medical College Hospital

several times for better treatment. His father, Nitai Das lodged a

written FIR with the Officer-in-charge of Kumarghat police station

day after the occurrence accusing the driver of the said vehicle of

rash and negligent driving and based on his FIR Manu P.S Case

No.2016MNU028 under Sections 279, 338 and 201 IPC was

registered and investigation of the case was carried out by

Alauddin Majumder, Sub-Inspector of Police. After conducting the

Review Pet.22/2021

whole investigation, the said Investigating Officer submitted charge

sheet against accused Dipak Das, owner-cum-driver of the

offending vehicle for having committed offence punishable under

Sections 279, 338 and 201 IPC and under Section 187 read with

Section 134 M.V. Act.

[3] The injured claimant filed a petition under Section 166

of the Motor Vehicles Act before the Motor Accident Claims

Tribunal, No.1 at Agartala claiming compensation of an amount of

Rs.78,97,000/-.

[4] Notice was issued to the owner-cum-driver of the

offending vehicle and the Divisional Manager, Oriental Insurance

Company Ltd, Agartala who were impleaded as respondents. They

appeared and filed written objections. In his written objection, the

owner-cum- driver of the said vehicle pleaded that his vehicle was

insured with Oriental Insurance Company Ltd. (respondent No.2)

and the insurance policy was in operation on the date of

occurrence. It was also pleaded by him that he was possessing

valid driving license and his vehicle was also duly registered. All

other documents including permit were also in operation. He,

Review Pet.22/2021

therefore, claimed that liability to pay compensation lied with the

insurance company.

[5] On behalf of the Oriental Insurance Company

(respondent No.2) it was pleaded that claim of the petitioner was

exorbitant and its liability to pay compensation was subject to

production of a valid insurance policy, valid driving license of the

driver of the vehicle, its registration certificate and other necessary

documents.

[6] Claimant petitioner led the evidence of three PWs

including the Medical Officer who certified his disability as a

Member of the District Disability Medical Board. Besides adducing

the oral testimony of the witnesses, petitioner relied on as many as

13 documents. Respondent No.1 also got his oral statement

recorded at the Tribunal and relied on his driving license, the

registration certificate of his vehicle, its fitness certificate and the

insurance policy which were marked as Exbts. A, B, C and D

respectively.

[7] Having relied on the said evidence, the Tribunal

quantified the compensation at Rs.15,56,000/- and awarded the

said compensation to the claimant along with 6% interest on the

Review Pet.22/2021

said amount from the date of presentation of the petition at the

Tribunal till the date of realization. For quantifying the

compensation, the Tribunal guessed the daily income of the

claimant at Rs.300/- per day and worked out his monthly income at

Rs. (300 x 25) = 7,500/-. Thereafter, Tribunal added 40% of the

said amount (Rs.3000/-) towards future prospect of the claimant in

terms of the judgment of the Supreme Court in National

Insurance Company Limited Vrs. Pranay Sethi and Others;

reported in (2017) 16 SCC 680 and monthly income of the

claimant was worked out at Rs. (7500 + 3000) = 10,500/- and as

such the annual income of the claimant came to be Rs.(10,500x

12)= 1,26,000/- which was multiplied by the multiplier of 18 in

terms of the table formulated in the judgment of the Apex Court in

Sarla Verma (Smt) and Other Vrs. Delhi Transport

Corporation and Another; reported in (2009)6 SCC 121 and

assessed the loss of future income of the claimant at

Rs.22,68,000/-. Since the claimant suffered from 60% disability, his

loss of future income was worked out at Rs. (22,68,000 x 60)=

13,60,800. Thereafter, an amount of Rs.30,000/- was added by the

Tribunal for his actual loss of income as a result of his confinement

in hospital and home and after calculating the other expenses

Review Pet.22/2021

borne by him and other losses suffered by him, the Tribunal

quantified the compensation as under:

                                Sl.               Heads                  Amount
                                01.       For   loss   of   future    Rs.13,60,800/-
                                No.
                                02.       For loss of actual          Rs. 30,000/-
                                          income
                                03.       For medicines               Rs. 29,000/-
                                          income
                                04.       For     transportation      Rs. 10,000/-
                                05.       For attendant charges       Rs. 26,000/-
                                          charges
                                06.       For pain and agony          Rs. 1,00,000/-
                                Total :                               Rs.15,55,800/-
                                Rounded off to                        Rs.15,56,000/-


[8] Aggrieved by and dissatisfied with the said award of the

Tribunal, claimant petitioner being appellant filed MAC Appeal No.

31 of 2020 before this Court, mainly on the following grounds:

(i) Assessment of compensation made by the Tribunal

was not fair and just. Particularly, for his treatment in

Silchar Medical College outside the State, the claimant

spent a higher amount which was not taken into

consideration by the Tribunal.

(ii) Tribunal did not consider the fact that as per the

disability certificate, the claimant suffered from

paralysis in both of his legs and completely lost his

capacity to earn as a mason. Considering the extent of

disability and the occupation of the claimant, the

Review Pet.22/2021

Tribunal should have taken it as 100% functional

disability and allowed compensation accordingly.

(iii) The Tribunal did not also consider the fact that the

attendants who accompanied the claimant to various

hospitals outside the State also incurred higher

expenses for this purpose.

[9] Having appreciated the evidence and the submissions

made by learned counsel of the parties, this Court viewed as

under:

"[9] In the course of her arguments, Ms. S. Acharjee, learned counsel appearing for the claimant has relied on the decision dated 6th November, 2017 of the Apex Court in Ankur Kapoor Vrs. Oriental Insurance Co. Ltd. (Civil Appeal No.17998 of 2017) in which Tribunal awarded Rs. 6,60,000/- to the claimant along with 9% interest for 50% disability which was raised by the High Court to an amount of Rs.8,80,000/- with interest and the Apex Court raised the amount to Rs.22,00,000/- with uniform rate of interest at 8% per annum from the date of presentation of the claim. Counsel argues that in the given case, the appellant suffered from 60% disability and in view of the judgment of the Apex Court in Ankur Kapoor(supra), he would be entitled to higher amount of compensation. In the said case, the Apex Court found that the injured appellant lost whole strength and flexibility of his right arm for which he was unable to lift any weight and unable to raise the arm beyond the level of 90 degree and as a result, the appellant who was a driver by occupation was completely unable to drive a vehicle as his arm was not as strong as it was before the accident. In such circumstances, the Apex Court made a twofold enhancement of the compensation which is completely distinguishable from the facts of the present case. In the case before us, the District Disability Medical Board vide certificate dated 09.02.2017 (Exbt.9) has certified that the claimant appellant suffered from 60% disability, as a result of the accident and paraparesis was diagnosed in both of his legs.

Dr. Abhishek Majumder who issued the certificate testified at

Review Pet.22/2021

the Tribunal as PW-2 and stated that physical disability of the appellant would certainly affect his ability to work as a mason. There is no evidence to suggest that the claimant became completely unable to pursue his occupation. [10] In these circumstances, the award assessed by the Tribunal appears to be just and reasonable and as such, I find no reason to interfere with the said award. Resultantly, the appal stands dismissed. The insurance company (respondent No.2) is directed to deposit the whole amount of compensation at the Tribunal within a period of six weeks from today. [11] In terms of the above, the appeal is disposed of. Pending application(s), if any, shall also stand disposed of."

[10] In the review petition it has been averted that in the

course of hearing of the claim petition before the Tribunal as well

as during the hearing of the appeal before this court, the claimant

appellant contended that he suffered from 100% disability from the

accident and the State Level Appellate Board of AGMC and GBP

Hospital, Agartala by a certificate dated 19.02.2021 also certified

that the claimant suffered from Paraplegia with severe bladder

disability and he was certified to be 100% disabled.

[11] The main ground for seeking review is that the

Tribunal acted upon the disability certificate issued by the District

Disability Medical Board on 09.02.2017[Exbt.9] in which the

claimant was declared to have been suffering from 60% disability.

According to the review petitioner, after the said disability

certificate dated 09.02.2017 was issued by the District Disability

Medical Board, the aggrieved petitioner applied to the said State

Review Pet.22/2021

Level Appellate Board, who, by certificate dated 19.02.2021

declared him to be 100% disabled. It is therefore, contended on

behalf of the petitioner that the judgment rendered by this Court in

MAC Appeal No.31 of 2020 should be reviewed to enhance the

amount of compensation on the basis of the disability certificate

issued by the State Level Appellate Board.

[12] In the course of hearing of the Review petition the

petitioner wanted to adduce the disability certificate dated

19.02.2021 issued by the State Level Appellate Board as an

additional evidence and for this purpose the claimant petitioner

filed IA No.1 of 2022. The said IA was allowed by an order dated

3.11.2022 passed in the Review Petition, the relevant extract of

which reads as under:

"[12] Mr. S. Bhattacharjee, counsel appearing for the review petitioner submits that the disability certificate dated 19.02.2021 certifying 100% disability of the petitioner was procured by the claimant petitioner during the hearing of his appeal before this Court, it was submitted before this Court during the pendency of the appeal. Counsel, however, contends that petitioner has been awarded compensation on the basis of 60% disability as certified by the District Disability Medical Board by issuing certificate dated 09.02.2017 [Exbt.9 before the Tribunal]. According to learned counsel, the disability has been reviewed by the State Level Appellate Board and the disability of the claimant has been certified to be 100% under certificate dated 19.02.2021 issued by the State Level Appellate Board. Counsel contends that the claimant petitioner would be seriously prejudiced unless his compensation is enhanced by this Court by reviewing its

Review Pet.22/2021

judgment dated 30.06.2021 on the basis of the certificate issued by the State Level Appellate Board.

[13] Mr. K.C. Bhattacharjee, learned counsel appearing for the insurance company along with Mr. D.C. Saha, learned counsel on the other hand has argued that the Tribunal passed the award on the basis of the disability certificate [Exbt.9] issued by the District Disability Medical Board in which it was clearly stated that the claimant petitioner suffered from locomotor disability (temporary) to the extent of 60% from the accident. Counsel contends that the District Disability Medical Board under the said certificate [Exbt.9] recommended reassessment after 5 years and as such the said certificate issued by the District Disability Medical Board was made valid upto 8th February, 2022. But, before the time came for reassessment, the State Level Appellate Board issued fresh certificate dated 19.02.2021 certifying that the claimant suffered from 100% disability which is not acceptable. Mr. Bhattacharjee, learned counsel of the insurance company submits that at this belated stage petitioner cannot be allowed to seek review of the judgment of this Court on the basis of this document. Counsel further submits that the disability certificate dated 19.02.2021 of the State Level Appellate Board does not state as to why the disability certificate [Exbt.9] issued by the District Disability Medical Board before the Tribunal was found wrong. Counsel, therefore, urges the Court to reject the review petition.

[14] Considered the submissions made by the counsel appearing for the parties.

[15] Apparently, there is no error in the judgment of the Tribunal because the Tribunal decided the matter on 06.05.2020 on the basis of the disability certificate dated 09.02.2017 [Exbt.9] issued by the District Disability Medical Board, North Tripura District. The present disability certificate whereby the State Level Appellate Board has certified that petitioner has suffered from 100% disability has been issued on 19.02.2021 after the judgment and award has been passed by the Tribunal. Since, the petitioner has come out with a genuine document which has certified that he actually suffered from 100% disability from the accident, I am of the view that the claimant petitioner should be given an opportunity to adduce additional evidence with regard to his disability.

[16] In his petition filed under Order XLI Rule 27 CPC in I.A No.01 of 2022, petitioner has stated that he raised the claim of 100% disability before the Tribunal, but the Tribunal did not consider his claim. Petitioner then filed appeal before this

Review Pet.22/2021

Court against the Tribunal's award and during the pendency of appeal, he approached the State Level Appellate Board of AGMC and GBP hospital, Agartala which examined the petitioner and having gone through required formalities, issued a fresh disability certificate dated 19.02.2021 certifying that as a result of the accident, he suffered from paraplegia and he was declared 100% disabled. Therefore, a fresh enquiry is to be made to ascertain the extent of disability of the petitioner for which evidence is to be recorded. Order XLI Rule 27 CPC provides the circumstances under which additional evidence can be adduced in the Appellate Court. The provision reads as under:

"27. Production of additional evidence in Appellate Court.--(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if --

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted, or

[(aa) the party seeking to produce additional evidence, establishes that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed, or]

(b) the Appellate Court requires any document to be produced or any witness to be examined to enable it to pronounce judgment, or for any other substantial cause, the Appellate Court may allow such evidence or document to be produced, or witness to be examined.

(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall record the reason for its admission."

[17] Order XLI Rule 28 provides that wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate Court.

[18] Order XLI Rule 29 provides that where additional evidence is directed or allowed to be taken, the Appellate

Review Pet.22/2021

Court shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified.

[19] Obviously, for the purpose of admitting the disability certificate into evidence, members of the State Level Appellate Board who examined the claimant petitioner to ascertain the extent of his disability have to be examined by the Tribunal besides examining any other expert as the Tribunal may consider appropriate. Therefore, this Court is of the view that the matter should be referred to Motor Accident Claims Tribunal, No.1, West Tripura, Agartala which passed the impugned award to take such evidence and send back the matter to this Court. Such evidence shall be confined to the following points:

(i) Under what circumstances the State Level Appellate Board examined the claimant to ascertain the extent of his disability, particularly when in the disability certificate [Exbt.9] issued by the District Disability Medical Board on 09.02.2017, reassessment was recommended only after 5 years.

(ii) Whether the disability certified by the State Level Appellate Board is relatable to the injury suffered by the claimant in the road traffic accident which occurred on 28.07.2016.

(iii) The reasons as to why the State Level Appellate Board disagreed with the assessment made by the District Disability Medical Board, North Tripura in its certificate dated 09.02.2017 [Exbt.9].

[20] The Tribunal may also take the evidence of any other medical expert of AGMC and GBP hospital on the subject for the purpose of ascertaining the extent of disability of the claimant.

[21] Copy of this order be communicated to the Tribunal immediately and copies shall also be furnished to the respective counsel of the parties free of cost. The disability certificate issued by the State Level Appellate Board shall be returned to the petitioner through his counsel immediately and the petitioner is directed to submit the said disability certificate along with a copy of this order before the Tribunal within a period of 3 (three) days for necessary directions of the Tribunal. The Tribunal on receipt of the copy of this order and the original disability certificate of the petitioner issued by the State Level Appellate Board shall issue summons to any or more members of State Level Appellate Board as the Tribunal may consider appropriate and record his/her evidence giving

Review Pet.22/2021

opportunity to the other side to cross-examine the witness. As directed, the Tribunal may also take evidence of any other medical expert of AGMC and GBP hospital.

[22] After recording the evidence, Tribunal shall send it to this Court within a period of 1 (one) moth from today for disposal of the review petition. In terms of the above, I.A No.01 of 2022 stands disposed of.

..................................................................................................."

[13] In terms of the order of this Court, the Principal MAC

Tribunal No.01, West Tripura, Agartala has taken additional

evidence. The evidence of Doctor Santosh Reang, Associate

Professor, Department of Orthopedics, AGMC and GBP Hospital has

been recorded by the Tribunal and the disability certificate dated

19.02.2021 has been taken into evidence and marked as Exbt.14.

The evidence of doctor Santosh Reang who is also cross examined

on behalf of the insurance company is as under:

"On 19.02.2021 I was posted as Associate Professor, Department of Orthopedics, AGMC and GBP Hospital, Agartala. On that day one patient namely Prabhas Das was examined at State Level Appellate Board, GBP hospital, Agartala regarding his disability and thereafter, I along with the Member -Secretary, State Level Appellate Board GBP hospital, Agartala and Chairman of State Level Appellate Board GBP hospital, Agartala issued a certificate of disability to Shri Das stating that the patient has 100% disability which is not likely to be improved. The witness has identified the original disability certificate which is marked as Exbt.14. Witness has also identified his signature on the disability certificate and it is marked as Exbt. 14/1. I also know the signature of the Chairman and Member Secretary of State Level Appellate Board as I have worked with them. The signature of the Chairman and the Member Secretary of State Level Appellate Board GBP hospital, Agartala on being identified by the witness are marked as Exbts.14/2 and 14/3, respectively."

Review Pet.22/2021

There was a disagreement with the assessment made by District Disability Board, North Tripura in its certificate dated 09.02.2017 as they only mentioned paraparesis in both legs of the victim but during our examination we found Paraplegia in both legs of the victim which is the extreme form of disease along with very severe urinary bladder disability. Due to the disability the victim cannot walk without the help of another person and he also has problem in urine discharge spontaneously. The nature of functional disability in the lower limb is also 100%.

Cross Examination by O.P.-Insurance Company

I have no knowledge that during recording testimony of the victim before the Tribunal, he came on his own without any help. I did not mention in the report that there is no possibility of improvement in the disability. I mentioned that it is not likely to improve.

It is not a fact that I did not state the true fact before the Tribunal"

[14] In view of the evidence of doctor Santosh Reang

recorded by the Tribunal, there is no doubt that the nature of

functional disability in the lower limb of the claimant is 100%. The

insurance company could not impeach his evidence by

examination.

[15] Heard Ms. S.Acharjee, learned Advocate appearing for

the petitioner.

Heard Mr. B.Majumder, learned counsel appearing for

the respondent.

Review Pet.22/2021

[16] Counsel appearing for the petitioner submits that this

court is not powerless to review its judgment in such

circumstances. Learned Counsel, Ms. S. Acharjee, refers to the

decision dated 14.03.2000 of the Hon'ble Apex Court in United

Insurance Company Ltd. Vs. Rajendra Singh and

Ors.[SLP(Civil)8479 of 1999] wherein the Apex Court has held

that court has inherent power to recall its order where a party is

prejudiced by such order of the court. Counsel has also relied on

the decision dated 02.03.2002 of the High Court of Gauhati in New

India Assurance Co.Ltd. v. Samar Roy[CRP 40 of 2001] wherein

the High Court of Gauhati held that the power of review is implicit

in every Court of civil nature regardless of the power expressly

provided under the Code of Civil Procedure learned Counsel also

relied on the decision dated 08.03.2011 of the High Court of

Gauhati in New India Assurance Company Ltd. v. Rekha Paul &

Another[CRP 22 of 2010] wherein the High Court held that a

review application is maintainable when review is sought due to

procedural defect, or inadvertent error committed by the Tribunal,

to prevent abuse of its process.

[17] Counsel further relied on the decision of this Court

dated 25.03.2015 in Review Pet. No.18 of 2013[Sri Sukumar

Review Pet.22/2021

Saha vs. Sri Kishore Kumar Bhattacharjee and Ors.] wherein this

Court enhanced the compensation awarded to the claimant by

allowing the review petition against its own order.

[18] Mr. B.Majumder, learned counsel appearing for the

insurance company on the other hand contends that review of its

own order passed in appeal is not maintainable. Counsel refers to a

decision dated 06.09.2010 of the Hon'ble Apex Court in

Kalabharati Advertising vs. Hemant Vimalnath Narichania and

Ors. wherein the Court in para 14 of the Judgment has held as

under:

"14. Therefore, in view of the above, the law on the point can be summarised to the effect that in absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification / modification /correction is not permissible. Case dismissed /withdrawn- effect on interim relief:"

[19] Considered the submissions of learned counsel

representing the parties. Perused the record.

[20] The facts being completely distinguishable, the

judgment cited by the counsel of the Insurance company has no

application in this case.

[21] In view of the additional evidence recorded by the

Tribunal particularly the disability certificate dated 19.02.2021

Review Pet.22/2021

issued by the State Level Appellate Board [Exbt.14] and the

evidence of doctor Santosh Reang, there is no doubt in the mind of

this Court that the claimant who is a mason by occupation has

suffered 100% disability from the accident and he has lost all

capacity to work as a mason.

[22] In these circumstances, for fair ends of justice, it

would be appropriate to review the judgment of this Court passed

in MAC Appeal No.31 of 2020 and enhance the compensation on

the basis of the said certificate issued by the State Level Appellate

Board[Exbt.14]. Otherwise it will tantamount to gross injustice to

the claimant.

[23] In view of the above discussion, the judgment dated

30.06.2021 is modified in review and award made by the Tribunal

is enhanced as under:

Tribunal assessed the loss of future income of the

claimant petitioner at Rs.22,68,000/- in terms of the settled

principles. On the basis of the previous disability certificate dated

09.02.2017 which certified 60% disability, only 60% of the said loss

of future income was given to him which was worked out to be

Rs.22,68,000/-x 60% =13,60,800/-. Since, as per Exbt.14, it is now

Review Pet.22/2021

proved that the claimant petitioner suffered from 100% functional

disability, he is entitled to the whole amount of the loss of future

income assessed by the tribunal i.e. 22,68,000/-. With this amount,

a sum of Rs.30,000/- would be added for actual loss of income as a

result of his confinement in hospital and home and after calculating

the other expenses borne by him and other losses suffered by him,

the compensation is quantified as under:

                                Sl. No.              Heads                  Amount
                                01.       For loss of future income         Rs.22,68,000/-
                                02.       For loss of actual income         Rs. 30,000/-
                                03.       For medicines                     Rs. 29,000/-
                                04.       For transportation charges        Rs. 10,000/-
                                05.       For attendant charges             Rs. 26,000/-
                                06.       For pain and agony                Rs. 1,00,000/-
                                                                  Total :   Rs.24,63,000/-
                                                      Rounded off to :      Rs.24,70,000/-


                     [24]        The insurance company is directed to deposit the said

amount of compensation, after deducting the amount already paid.

If the whole amount of compensation awarded by the Tribunal is

already paid by the insurance company, only the amount enhanced

under the head 'For loss of future income' shall have to be paid.

The said amount is worked out to be (22,68,000 - 13,60,800)

=9,08,000/- (Nine lakhs Eight Thousand) only. The insurance

company is directed to pay this amount with the Registry within

8(eight) weeks from today, failing which it will carry 6% annual

Review Pet.22/2021

interest from today. On deposit, Registry will disburse the amount

to the claimant petitioner by transferring the same to his individual

bank account on verification of his identity.

[25] In terms of the above, the review petition stands

disposed of.

Pending application(s), if any, shall also stand disposed

of.

JUDGE

Saikat Sarma

Review Pet.22/2021

 
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