Mr. Z.U. Siddiqui vs Unknown
2021 Latest Caselaw 4506 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
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                                  AO No. 591 of 2012

                                  Shri S.K. Mishra, J.

Mr. Z.U. Siddiqui, the learned counsel for the appellant.

Mr. Lalit Belwal, the learned counsel for the respondents.

In the course of hearing, Mr. Z.U. Siddiqui, has relied upon the three judgments of the Hon'ble Supreme Court, those are Raman vs. Uttar Haryana Bijli Vitran Nigam Ltd. and others, (2014) 15 SCC 1; Kajal vs. Jagdish Chand, (2020) 4SCC 413 and Rekha Jainand & anr. Vs. National Insurance Company Ltd., (2013) 12SCC 202. The learned counsel for the appellant submitted that the appellant in this case become permanently disabled because of fracture in the spinal cord bone and is confined to bed; he is suffering from bedsores; he is also unable to take solid food and his condition is deteriorating day by day and for that reason a higher amount of compensation should be given. In the course of hearing the learned counsel cited the judgments of the Hon'ble Supreme Court wherein the Hon'ble Supreme Court has held that the Court is not bound by or the powers of the Court is not fettered by the prayers made by the petitioner regarding the quantum of compensation, in appropriate case higher compensation which is more than the amount prayed for, can be awarded.

Having considered the matter, after seeing certain documents including photographs, this Court, prima facie, is of the opinion that the compensation of Rs. 5,85,400/- is inadequate. But for the purpose of assessing the proper state of affairs in which the appellant is at present, a Commission should be appointed consisting of the medical experts.

In that view of the matter, it is hereby directed that the Registrar General of the Court will direct the Chief Medical Officer, Nainital to constitute a panel of experts (Doctors) posted at Soban Singh Jeena Hospital, Haldwani preferably headed by the senior most Doctor in the orthopaedic department, skin department and medicine specialist who shall on their convenience visit the appellant in his home, observe the appellant and report about the medical condition as well as other related ancillary matters arisen out of the injuries he has sustained. They may also assess the treatment that is being given to the petitioner and the problems he is facing.

Such report shall be placed before the Court within a period of three weeks.

A prior notice of the day of visit shall be given to the counsel of the appellant as well as officers of the Insurance Company so they may also remain present at that point of time. It is further clarified that there is no impediment on the part of such panel appointed by the CMO, Nainital to visit the patient on multiple occasions.

Matter be listed on 09.12.2021.

(S.K. Mishra, J.) 11.11.2021 PV