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2015 Supreme(Tri) 291

DEEPAK GUPTA
National Insurance Company Ltd. – Appellant
Versus
Arpita Debbarma – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. P Gautam, Advocate, Mr. S B Debnath, Advocate
For the respondent No.1:Mr. A De, Advocate

ORDER

1. This case is a sad reflection of the highly improper manner in which claim petitions under the Motor Vehicles Act are disposed of.

2. The claimant filed a claim petition claiming compensation on account of injuries allegedly suffered in a motor vehicle accident. The discharge certificate clearly reflects that the claimant had suffered injuries to the cervical spine and there was a fracture of C2 lamina with mild posterior displacement of the neural arch. No dislocation of L2/L3 junction. No disablement certificate is on record. It appears that the petition was taken up by the Lok Adalat and in the Lok Adalat the following order was passed on 09.12.2007.

“09.12.2007.

The case record is placed before the 3rd Session of Traditional Lok Adalat, 2007, in Court No.4.

At the time of hearing the O.P. insurance company challenged the severity of the injury sustained by the victim girl. Accordingly, the victim girl is examined by an orthopedic surgeon in the Lok Adalat on duty and he opined that the injury may or may not be recovered in future. The doctor also opined that in future so many complications may arise in the body of the victim girl.

So, the insurance company do not want to set


















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