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The Divisional Manager, Oriental ... vs Maran Chandra Das on 12 July, 2022

Bench: Surya Kant, C.T. Ravikumar

                                                          1

     ITEM NO.16                                   COURT NO.16                   SECTION XIV

                                     S U P R E M E C O U R T O F         I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                        No(s).    11189/2022

     (Arising out of impugned final judgment and order dated 07-01-2021
     in MACAP No. 23/2019 passed by the High Court Of Tripura At
     Agarthala)

     THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.                          Petitioner(s)

                                                         VERSUS
     MARAN CHANDRA DAS & ORS.                                                         Respondent(s)

     (FOR ADMISSION and I.R. and IA No.88380/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT )

     Date : 12-07-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SURYA KANT
                             HON'BLE MR. JUSTICE C.T. RAVIKUMAR

     For Petitioner(s)                      Mr. Rajesh Kumar Gupta, AOR

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Having heard learned counsel for the petitioner at a considerable length, we do not find any ground to interfere with the impugned judgment dated 07.01.2021 passed by the High Court of Tripura.

The question of law sought to be raised on behalf of the petitioner does not arise for consideration for the reason that the deceased son of the respondent(s) met with an accident on Signature Not Verified 22.10.2015 and he remained hospitalized at Kolkata where multiple Digitally signed by NIRMALA NEGI Date: 2022.07.14 14:32:23 IST Reason: surgeries were performed on him. However, he could not survive and succumbed to injuries on 13.09.2016.

In the peculiar facts and circumstances of this case, where the parents witnessed the pain, agony and suffering of their son for almost one year, the compensation awarded by the High Court, under the head of pain and suffering, cannot be said to be without any basis. The parents themselves also suffered unbearable pain every moment during this entire period.

For the reasons afore-stated, the special leave petition is dismissed.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI)                                 (PREETHI T.C.)
COURT MASTER (SH)                             COURT MASTER (NSH)