Jitendra Kumar Yadav v. Dilkumar Banjare
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 84 of 2018 • Jitendra Kumar Yadav S/o Puniram Yadav Aged About 25 Years R/o Village Barpali, Police Station Gidhowri, Tahsil Kasdol, District (Revenue And Civil) Balodabazar Bhatapara (Chhattisgarh) ---- Petitioner
Versus
1. Dilkumar Banjare S/o Bhagwat Banjare Aged About 28 Years R/o Village Beltara, Police Station Ratanpur, District Bilaspur (Chhattisgarh) (Driver Of Truch-Hywa Vehicle No. C.G. 22/A.B. 4827)
2. Ku. Champabai Banjare W/o Mangaldas Banjare Aged About 50 Years R/o Village Parsapali, Police Station Kasdol, District Balodabazar Bhatapara (Chhattisgarh) (Owner Of Vehicle No. C.G. 22/A.B. 4827)
3. Branch Manager, United India Insurance Company Limited, Amar Complex, Jeevan Bima Marg, Near Pandri Railway Crossing District (Revenue And Civil) Raipur (Chhattisgarh) (Insurer Of Vehicle No. C.G. 22/A.B. 4827) ---- Respondents For Petitioner :
Shri Sanjeev Das, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 12/02/2018
1. Learned counsel for the petitioner would submit that by an award dated 03.10.2017 an amount of Rs.2,99,055/- has been awarded to the claimant for the injury sustained by him. It is contended that in such injury both the legs of the claimant got fractured and initially in an operation rod was inserted, now the rod has to be removed, therefore, the claimant has to under go operation and estimated cost has been given to the petitioner is of Rs.50,000/- as per Annexure P-4. Therefore, the amount of award which is under deposit of Rs.50000/- may be enhanced.
2. Perusal of the document dated 06.01.2018, which is an estimation given by the doctor shows that the petitioner is to undergo two operations in a gap of three weeks and each operation will require expenditure of Rs.50000/-. Taking into the nature of the claim, injury and report of the doctor, it is directed that the order dated 11.01.2018 is further modified and it is directed that the petitioner shall be entitled to receive an amount of Rs.1Lakh.
3. With such observation, the writ petition stands disposed of. SD/- Goutam Bhaduri Judge Ashu