Babita Gurung And ORS v. The Administrator Of Bihar State Road Transport Corporation And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.883 of 2016 ====================================================== 1.
Babita Gurung, D/o Late Kharka Bashadur Gurung 2.
Savita Gurung, D/o Late Kharka Bahadur Gurung 3.
Sachin Gurung S/o Late Kharka Bahadur Gurung All are Residents of Mohalla-Bhavan Tola "Laxman Nivas",Raja Bazar, Sheikhpura (Goriya Asthan) in the House of Manoj Pandey, P.O.-Vetenary College, P.S.-Shastri Nagar, District-Patna.
... ... Appellants
Versus
1.
The Administrator of Bihar State Road Transport Corporation , Pariwahan Bhawan Birchand Patel Marg, Patna (owner of the offending Bus No. BR05P-0556). 2.
Divisional Manager D.O.- I, United India Insurance Co.Ltd, Laxmi Apartment, Near Times of India Building, Frazer Road, Patna (Insurer of the offending Bus No. BR-05P-0556) ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr.Sarita Bajaj, Adv.
For the Respondent no. 1 : Mr.Prabhat Kumar Verma, Sr. Adv.
Mr. Arvind Kumar Adv.
For the Respondent no.2 : Mr. Ram Chandra Las Das, Adv, Mr. Ashok Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 15-07-2019 Heard the parties.
2. Claimants/appellants have filed this miscellaneous appeal for enhancement of compensation amount Awarded by the judgment dated 25.04.2016 and Award dated 30.04.2016 passed by Additional District Judge-VIII-cum-Motor Vehicle Accident claims Tribunal, Patna in Claim Case No. 358 of 2008 by which compensation amount of Rs. 07,81,068/- (Seven lacs Eighty One Thousand and Sixty Eight) with 10 % interest has been Awarded by the Tribunal.
3. It has been submitted by the counsel for the
Patna High Court MA No.883 of 2016 dt.15-07-2019 2/2 claimant that the Award of compensation as granted has already been paid to the claimant and she confines her appeal for enhancement of payment under the conventional head which has been granted as Rs. 2000/- for funeral expenses, Rs. 2500/- for loss of estate and Rs. 5,000/- for loss of consortium accordingly the Award is modified to the extent that the insurance company would pay Rs.15,000/- as funeral expenses, Rs. 40,000/-, for loss of consortium and Rs. 15,000/- for loss of estate, adding all components under conventional heads as Rs. 70,000/-.
4. Insurance Company is directed pay a sum of Rs. 70,000/- (Rupees Seventy Thousand) to the claimants within thirty days from the date of receipt/production of a copy of this order passed by this court.
5. Miscellaneous appeal stands disposed of.
(S. Kumar, J) Rajiv/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.09.2019 Transmission Date NA