ARUN SERAPHIM Vs. NAGENDRA SINGH
LAWS(JHAR)-2010-3-12
HIGH COURT OF JHARKHAND
Decided on March 16,2010

ARUN SERAPHIM Appellant
VERSUS
NAGENDRA SINGH Respondents

JUDGEMENT

- (1.)This application by the claimant-appellant is for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhanbad in M.V. (Suit) No. 98 of 2002. By the impugned judgment, the Tribunal awarded only a sum of Rs. 5000/- for the injuries caused to the appellant in a motor vehicle accident.
(2.)The undisputed facts are that the claimant-appellant while crossing the over-bridge of Kumhardhubi, was dashed by a dumper coming with high speed, as a result of which, the appellant was seriously injured and became unconscious. After the accident, seeing the seriousness of the injury, the appellant was shifted to Central Hospital, Dhanbad where his right mid-arm was amputated. The Medical Board of Civil Hospital, Dhanbad issued handicapped certificate showing 80% disability due to amputation of right arm. The claimant, therefore, filed the claim case claiming compensation of Rs. 11,82,000/-.
(3.)The claimant-appellant examined witnesses including his wife and proved all the documents showing amputation of his right arm. Admittedly, the petitioner was working as the General Manager in the colliery of Eastern Coalfield Limited and was getting salary of Rs. 11000/-.


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