IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.449 of 1999 1. Pratima Devi alias Permila Devi wife of late Yogendra Prasad Singh 2. Ajay Prasad Singh son of Yogendra Prasad Singh 3. Rajeet Kumar son of Yogendra Prasad Singh 4. Amit Kumar Singh son of Yogendra Prasad Singh All residents of Village- Nausarat Khani, P.S.- Nath Nagar, District- Bhagalpur. ---------- Appellants. Versus 1. SRI DINESH JHA, son of late Nand Kishore Jha, resident of Kharajpur, P.O. Kharajpur, P.S. Darbhanga, District- Darbhanga. 2. Divisional Manager, National Insurance Company Co. Ltd., Patna, Exhibition Road, Patna. 3. Sri Mangal Kumar, son of Sri Kishor Kumar, resident of Sinuar Gopalpur, P.S. Sadar Bahadurpur, District- Darbhanga. 4. Smt. Permila Devi, wife of late Yogendra Prasad Singh, presently residing at Mohalla Patel Nagar, P.S. Shastri Nagar, district and town of Patna. ----------- Respondetns. ---------- 13 12.1.2009 Heard learned counsel for the appellant and the counsel appearing on behalf of the owner and the Insurance Company. The appellant has come to this Court claiming enhancement in the amount of compensation granted to him by the Claims Tribunal/Second Additional District Judge, Patna. The facts are that the appellant met with an accident at Boring Road crossing, Patna on 24th August, 1986 at about 8.30 p.m. It had been alleged by the appellant that due to the negligence of the driver of an Ambassador Car, the accident occurred, and as a result of the accident 2 he suffered multiple injuries resulting in dislocation and fracture of his bones of waist, hand and leg and had to remain under treatment at Patna Medical College and Hospital and also under treatment of a private expert. The Court below has come to a finding that the accident took place and that the petitioner was temporarily disabled due to the accident. The Court below also come to the conclusion that the Insurance Company was not liable for payment as the Ambassador Car in question was not insured at the relevant time. This finding has not been challenged by the owner/driver of the car. As a result of the accident, the Court granted Rs. 15,000/- as compensation along with 12% interest to be paid to the appellant till the final payment of the compensation amount. While allotting the compensation amount the Court has found and which is not disputed is that the petitioner was an employee of Bihar State Tubewell Corporation and that during the period of his treatment he continued to be paid 50% 3 of his salary by the said Corporation. It has also been admitted that the petitioner did not loose his job as a result of this accident and as such the Court granted Rs. 15,000/- as compensation. I find that the reasonings of the Court below are justified in view of the fact that the appellant continued to work with the Corporation and he did not suffer any irreparable lose due to the accident. I find no reason to interfere with the order passed by the Second Additional District Judge, Patna and as such the appeal is dismissed. Sanjay (Sheema Ali Khan, J.)