Smt. Prakash Horenberg Liselotte ... vs Oriental Insurance Co. Ltd. & Ors
2021 Latest Caselaw 5187 UK

       IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL

              Appeal From Order No. 308 of 2007

Smt. Prakash Horenberg Liselotte @ Usha Devi
                                         ......Appellant
                          -Versus-

Oriental Insurance Co. Ltd. & Ors.                 .......Respondents

Present:
      Mr.   Narendra Bali, the learned counsel for the appellant.
      Mr.   M.K. Goyal, the learned counsel for the Insurance Company.
      Mr.   Rajeev Bhatt, the learned counsel for respondent no. 3.
      Mr.   B.S. Bhandari, the learned counsel for respondent no. 4.

Sri S.K. Mishra, J.

Date of hearing and order 16.12.2021

1. Heard Mr. Narendra Bali, the learned counsel appearing for the appellant, Mr. M.K. Goyal, the learned counsel for the Insurance Company, Mr. Rajeev Bhatt, the learned counsel for respondent no. 3 and Mr. B.S. Bhandari, the learned counsel for respondent no. 4.

2. In this case, the petitioner/appellant has a limited grievance. His contention is that though she has suffered 50% disability but that has not been considered by the Tribunal. It is also contended by the learned counsel for the appellant that though she was confined to bed for ten months, no compensation in lieu of the loss of income and future treatment has been granted in her favour.

3. Perusal of the record would reveal that no document regarding disability suffered by the petitioner has been filed or exhibited. A document is filed in this Court without accompanying application under Order 41 Rule 27 of the Code of Civil Procedure, 1908. Hence, this Court is of the

opinion that the matter should be reconsidered by the Tribunal and opportunity be granted to the appellant to produce further documents by examining them.

4. Accordingly, appeal is allowed. The judgment and award dated 15.06.2007 passed by the learned District Judge, MACT, Tehri Garhwal, is set aside to the extent that the Tribunal shall re-consider the matter only with respect to the enhancement of the compensation already granted on the ground of 50% disability, ten months' loss of income due to the injury sustained by the petitioner and future treatment. It is made clear that this is a close remand. It is not open to the Tribunal to go into the other issues. It shall confine itself to the question whether an additional or enhanced amount should be granted in favour of the petitioner/appellant on the basis of the points referred to above. It is needles to say that the appellant shall file appropriate documents before the Tribunal and prove the same as per law. The Insurance Company and the other parties have a right of rebuttal on that score.

5. With such observation, the appeal is disposed of. The parties shall appear before the Tribunal on 13.01.2022 and shall produce certified copy of this order, who shall act according to the directions passed in this case.

6. Urgent certified copy of the order be provided as per rules.

(S.K. Mishra) Judge

PV