CLEMENT TOPPO SON OF LATE PATRAS TOPPO Vs. UTTAR BIHAR KSHETRIYA GRAMIN BANK THROUGH ITS GENERAL MANAGER, HEAD OFFICE- SHARMA COMPLEX, KALAMBAGH CHOWK, MUZAFFARPUR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondent -Bank i.e. Uttar Bihar Kshetriya Gramin Bank which is now designated as Uttar Bihar Gramin Bank.

(2.) PETITIONER No. 1 is husband of petitioner no. 2 who at the relevant time in 1995 was posted as clerk -cum -cashier at Sonho Branch of the Bank in Saran District. Petitioner No. 2 his wife is also admittedly a Class -3 employee in the said Bank. On 14.10.2005 while carrying an amount of Rs. 2,00,000/ - from Uttar Bihar Kshetriya Gramin Bank, Main Branch, Chapra to Sonho Branch on his motor -cycle petitioner was fired upon by robbers who looted the cash and petitioner sustained gun shot injury on his back side. He was treated at main hospital at Chapra and then at Patna. On 18.10.2005 hospital at Patna referred him to Spinal Injuries Centre, Vasant Kunj, New Delhi for specialized treatment.

(3.) FROM Annexure -E to the counter affidavit it appears that on 19th July, 2008 the Medical Director of the Indian Spinal Injuries Centre has certified that petitioner no. 1 was admitted in hospital on 19.10.2005 with a gun shot injury causing fracture in vertebra with paraplegia with bowel and bladder involvement and was discharged on 24.12.2005. The certificate further mentions that with this injury he should be fit to resume duties from wheel - chair with effect from 21.7.2008.