Shanti Devi Vs Unitee India Insurance Compnay and Anr.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.546 of 2012

====================================================== Shanti Devi, W/O Late Gopal Sharma, R/O Village - Tetaru, P.S. Atari, District – Gaya.

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.... Applicant .... Appellant/s Versus 1. United India Insurance Company Limited, through its Divisional Manager, A.P. Colony and Gaya, Insurer f the Vehicle (Bus) No. BR27 – 6399. 2. Sri Birendra Singh, S/O Sri Bani Singh, R/O Village - Dakhin Gaon, P.S. Wazirganj, District – Gaya. .... Opposite Parties .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ravindra Kumar Sinha For the Respondent/s : Mr. S. Qaisar Hasan ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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4 16-07-2013 Heard Mr. Ravindra Kumar Sinha, learned counsel appearing on behalf of the appellant and Mr. S.Qaisar Hasan, learned counsel appearing for the insurance company.

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This appeal under section 173 of the Motor Vehicles Act, 1988 arises from a judgment and award dated 30.5.2012/15.6.2012 passed in M.A.C.Case 6 of 2011/170 of 2008, whereby the Motor Vehicles Accident Claim Tribunal, Gaya after assessing the disability of the appellant has awarded the compensation of Rs.50,880/- together with interest @ 6% payable from the date of filing of the claim application. The

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appellant claims higher compensation for the disability suffered. Whereas it is a case of the appellant that the

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Patna High Court MA No.546 of 2012 (4) dt.16-07-2013

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2

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disability is permanent, the report of the doctor demonstrates that it was temporary in nature and that the claimant herself had reached the tribunal without any support. That being the position no fault can be found in the compensation awarded by the tribunal and this appeal is accordingly disposed of.

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(Jyoti Saran, J)

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SKPathak/-

Shanti Devi v. Unitee India Insurance Compnay and Anr.

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Shanti Devi v. Unitee India Insurance Compnay and Anr.

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