M/S Eastern Coal Fields Ltd And ORS v. Sujala Ankure @Sujala Akuria

MAT 1582 of 2022 ItemML-6.

CAN 1 of 2022 CAN 3 of 2023 06-05-2024 CAN 4 of 2023 Ct. 8 sg M/s. Eastern Coalfields Limited & Ors.

Versus

Sujala Ankure @ Sujala Akuria Mr. Manik Das, Adv.

...for the appellants Mr. Biswaroop Bhattacharyya, Adv.

Mr. Partha Ghosh, Adv.

Mr. Amal Kumar Datta, Adv.

Ms. Simran Sureka, Adv.

Mr. Debashis Das, Adv.

...for the respondent

1. The opinion of the Medical Board of IPGME&R-SSKM Hospital, Kolkata of 12th March, 2024 is reproduced below: "Opinion of the board on age of SUJALA ANKURA @ SUJALA AKURIA Considering all the relevant findings on radiological examination and directive (vide no. M.10, dated. 05.03.2024) we are with the opinion that the age of SUJALA ANKURA @ SUALA AKURIA is between 55 years and 60 years on the date of radiological examination, i.e. 12/03/2024."

2. The learned Counsel for the appellant, however, has objected to the opinion expressed by the four eminent doctors constituting the Board, on the ground that on the earlier occasion, the Board has opined that the age of Mrs. Sujala Ankura @ Sujala Akuria is between 52 to 60 years on the date of radiological examination i.e. 19th September, 2022.

3. We do not find any material discrepancy between the two.

We accept the later report. Moreover, the monetary relief to the writ petition was not extended based on the report dated 25th May, 2023 on which, now, reliance is sought to be placed on behalf of the appellant.

4. In view thereof, we direct the appellant to pay the monetary compensation to the writ petitioner till she attains the age of 60 years taking into consideration her present age as 57 years, along with interest as directed by the learned Single Judge for the periods mentioned in the impugned order within a period of six weeks from date.

5. The arrear amount upto April 2024 shall be calculated after adjustment of amount already paid.

6. However, the compensation for the current period that is to commence from May 2024 shall be paid by 12th May, 2024 and for future monetary compensations the same shall be paid by 10th of each succeeding month.

7. With the above direction, the appeal and the applications are, accordingly, disposed of. However, there shall be no order as costs.

8. The report filed by the Medical Superintendent-cum-Vice Principal IPGME&R-SSKM Hospital, Kolkata, dated 3rd April, 2024 is taken on record.

9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Soumen Sen, J.)

(Uday Kumar, J.)