BISWAJIT NAYAK Vs. BAJRANGBALI HARD COKE

JUDGEMENT

(1.) THIS appeal has been filed by the claimant -appellant for enhancement of the compensation amount against the judgment/award dated 8.4.2005 passed by 1st Addl. District Judge -cum -Motor Vehicle Accident Claims Tribunal, Jamshedpur, East Singhbhum in Compensation Case No. 291 01. The claimant -appellant, Biswajit Nayak employed in Border Security Force (in short B.S.F.) was travelling in a bus bearing Registration No. B.R.16P -7110 on 28.8.2000 and was going from Jamshedpur to his Village Dhadaggri, Midnapur District in West Bengal. When the bus reached near the village Punsa, a truck bearing registration No. UP 65H 3498 coming from opposite direction in rash and negligent manner, dashed the said bus, as a result of which, the claimant -appellant, Biswajit Nayak sustained multiple injuries and finally his right hand was amputed resulting permanent disability. The claim case was filed by the appellant claiming compensation of Rs. 16,08,045/ -.

(2.) THE Tribunal after considering the evidence held that the claimant is entitled to get compensation of Rs. One lakh in the head of injury, a sum of Rs. eighty five thousand being the lost of income for mental pain and agony and Rs. twenty thousand as an expenditure incurred in the treatment. The total compensation awarded by the Tribunal is Rs. 2,05,000/ -.

(3.) IT appears that by Memo dated the 7th September, 2005, the employer namely, Border Security Force declared the appellant medically unfit and he was made to retire from the service w.e.f. 7.9.05 with pensionary benefit as admissible under the Central Civil Services (Pension) Rules, 1972. No reply or rejoinder has been filed by the respondent and challenging the genuineness of the said letter.