IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O.No.447 of 1995 (O&M)
Date of Decision 17.12.2009
Labh Singh
...... Appellant
VERSUS
Raj Kumar and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: None for the appellant.
Mr.Gaurav Jindal, Advocate, for respndent No.2.
Ms.Neena Madan,Advocate, for respondent No.3-Insurance Co.
*****
A.N.JINDAL, J(ORAL):
This appeal, is directed against the award dated 08.09.1994,
passed by Motor Accident Claims Tribunal, Chandigarh (herein referred as
‘the Tribunal’), dismissing the claim petition, filed by the claimant-appellant
(herein referred as ‘the appellant’) on account of the injuries suffered by him
in a motor vehicular accident.
Irrespective of the fact that the Tribunal, while deciding issue
No.1 against the claimant, observed that he had failed to prove the
negligence of respondent No.1 in committing the accident. There is no
denying a fact that the claimant suffered injuries on account of the
involvement of the scooter bearing registration No.CHI-7410. Dr.Rajinder
Sharma,had issued medical certificate Ex.A1, certifying that the claimant
suffered disability to the extent of 25%. After arguing the case by both the
parties, the consensus have arrived at to settle the matter.
As such, with the consensus arrived at between the parties, this
appeal is partly accepted and the impugned award is modified by enhancing
compensation to the tune of Rs.25,000/- over and above the award amount
which will be paid by the respondent-Insurance Company within 45 days
from the date of receipt of copy of the order, failing which the claimant
would be entitled to receive the interest on the enhanced amount at the same
rate, as awarded by the Tribunal. No order as to costs.
(A.N.Jindal)
Judge
17.12.2009
mamta-II