Mehebub Alam Khan v. State Of Tripura And ANR

THE HIGH COURT OF TRIPURA AGARTALA MAC APP. 10 of 2010 Sri Mehebub Alam Khan, S/O Shri. Rafik Ahamed of Village - Ramnagar Gangail Road, P.S. - West Agartala, District - West Tripura. ........... Appellant - Vs. -

1. The State of Tripura, Represented by the Secretary, S.A. Department, Govt. of Tripura, Capital Complex (Kejur Bagan), Agartala.

2. Under Secretary, S.A. Department, Govt. of Tripura, Capital Complex, (Kejur Bagan), Agartala.

........... Respondents

BEFORE

HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA For the appellant : None.

For the respondents : Mr. N. Majumder, Advocate. Date of hearing & : 12.03.2015. delivery of Judgment & order.

Whether fit for : No.

reporting JUDGMENT & ORDER (ORAL) This is an appeal for enhancement of compensation. On 21st January, 2015 when the appeal came up for hearing, none had appeared for the appellant. This Court had not passed any

adverse order, but the matter was adjourned for today. Unfortunately, today also none appears for the appellant. 2.

From the record, I find that the appellant was represented only on 09.08.2010. This appeal was earlier dismissed in default on 27.01.2011 when none had appeared. The appeal was restored on 01.03.2011. Thereafter, the matter was listed on 21.01.2015 when none appeared for the appellant and today also none appears for the appellant. Therefore, I proceed to decide the appeal on merits.

3.

The claimant suffered injuries in a motor vehicle accident. There is no permanent disability. He has suffered a fracture which has healed and the learned Tribunal awarded him Rs.30,998/-. Keeping in view the nature of injuries, the cost of treatment and the period of treatment, the award in my opinion is just and reasonable calling for no enhancement. Therefore, the appeal is dismissed on merits.

4.

Send down the L.C.Rs forthwith.

CHIEF JUSTICE Sima MAC APP. 10 of 2010 Page 2 of 2