The High Court dismissed an appeal challenging an award of the Motor Accident Claims Tribunal, which granted compensation to the appellant for injuries sustained in a motor vehicle accident. The court held the award was lucid and comprehensive.
Appeal dismissed; Tribunal record to be sent down.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
CMAM no. 159/2017
Reserved on: 30.12.2020
Pronounced on: 06.04 .2021
Rehana Akhter Mir
……...Appellant(s)
Through: Mr. Altaf Mehraj Advocate vice Mr. Syed Faisal Qadiri, Sr. Advocate
Versus
Gulzar Ahmad Wani and others
……Respondent(s)
Through: Mr. B. A. Tak, Advocate
Ms. Muzamil Jabeen, Advocate vice Mr. Manzoor A. Dar, Advocate
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
JUDGEMENT
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her life to have a married life, which is a social stigma on appellant. The Tribunal is said to have been bound to take into consideration the pain and suffering and loss of amenities of life that appellant has suffered. It is also contended that the Tribunal has not taken into account medical expenditures, medical treatment, attendants, transportation, special diet, hospitalization, nourishing food and miscellaneous expenditures while passing impugned award. The appellant is said to have been suffering from serious injuries in her skull to which appellant had to procure resection and implant on her skull so that cognitive ability of appellant was treated and expenditure for procurement of artificial skull was more than Rs.6.00 lakhs, but this aspect of expenditure has not been appreciated by the Tribunal. It is also submitted that Tribunal has not taken into account the grave nature of injury, where body of appellant is wrecked and brain destroyed and she is not capable to function normally and therefore, it was mandatory on the part of Tribunal to assess fair compensation as comparable to the loss suffered by appellant
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on account of Attendant Charges and awarded Rs.10,000/- in this regard.
(Vinod Chatterji Koul) Judge Srinagar 06.04.2021 Imtiyaz Whether the order is reportable: Yes/No.
IMTIYAZ UL GANI 2021.04.07 00:14 I attest to the accuracy and integrity of this document
Rehana Akhter Mir
Gulzar Ahmad Wani
Vinod Chatterji Koul
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
