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High CourtsSingle Bench(2017) 09 TP CK 0007

Shri Sambhunath Chowdhury, son of late Paresh Chandra Nath Chowdhury vs The State of Tripura, represented by the Secretary, Department of Home, Government of Tripura, & Ors.

Tripura High Court · Decided on 11 September 2017

HON’BLE JUDGES
S. Talapatra
RESULT
Allowed
CASE NUMBER
26 of 2017

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Judgment

21 paragraphs · 482 words
1.

By this revision petition, the petitioner has sought review of the judgment and award dated 30.05.2017 delivered in MAC. APP. No.10 of 2015.

2.

The petitioner has urged that some very important admitted documents have not been considered. As a result, on the account of expenses, the petitioner has received less that what he was entitled to get. The following documents, according to the review petitioner, have been omitted from consideration at the time of passing the impugned judgment and order:

(i) The cash memo dated 08.12.2011 for Rs.10,000/-, paid to Frank Ross Pharmacy, Kolkata.

(ii) The cash memo dated 23.11.2011 for Rs.20,000/-, paid to Frank Ross Pharmacy, Kolkata.

(iii) The cash memo dated 05.12.2011 for Rs.10,000/-, paid to Frank Ross Pharmacy, Kolkata.

(iv) The cash memo dated 03.12.2011 for Rs.4,000/-, paid to Frank Ross Pharmacy, Kolkata.

(v) The cash memo dated 07.12.2011 for Rs.10,000/-, paid to Frank Ross Pharmacy, Kolkata.

(vi) The cash memo dated 11.11.2011 for Rs.20,000/-, paid to Frank Ross Pharmacy, Kolkata.

(vii) The cash memo dated 20.11.2011 for Rs.20,000/-, paid to Frank Ross Pharmacy, Kolkata.

(viii) The cash memo dated 20.11.2011 for Rs.8,000/-, paid to Frank Ross Pharmacy, Kolkata.

(ix) The cash memo dated 30.11.2011 for Rs.10,000/-, paid to Frank Ross Pharmacy, Kolkata.

(x) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 16.11.2011-Rs.30,000/-.

(xi) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 02.12.2011-Rs.40,000/-.

(xi) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 15.11.2011-Rs.40,000/-.

(xii) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 30.11.2011-Rs.35,000/-.

(xiii) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 11.11.2011-Rs.35,000/-.

(xiv) Payment to AMRI Hospital, Kolkata vide deposit receipt dated 12.11.2011-Rs.30,000/-.

3.

Thus, Mr. Nandi, learned counsel appearing for the petitioner has submitted that a total sum of Rs.3,22,000/- [Rupees Three lacs Twenty Two thousand] was omitted.

4.

Having scrutinized the records, it appears that those documents even though were the part of the paper book but those were omitted from consideration inadvertently. Thus, this court is of the considered view that that the amount of Rs.3,22,000/- [Rupees Three lacs Twenty Two thousand] was entitled to the petitioner, the appellant in MAC APP. No. 10 of 2015, but the said amount was not added as the component of expenses for medical treatment as incurred by the appellant, the petitioner herein, and as such, this court is of the further view that the total compensation should be [Rs.1,78,000/- + Rs.3,22,000/-] Rs.5,00,000/- [Rupees Five lacs]. The said amount shall carry interest @6% per annum from the date of filing of the claim petition i.e. 04.05.2014 till the payment is made by the respondent No.2 and the respondent No.2 shall pay the said amount within a period of 2(two) months from today. This order shall form part of the judgment and order dated 30.05.2017.

In terms of the above, this review petition stands allowed.

There shall be no order as to costs.