Partly allowed

Hari Ram v. Shamsher Singh and Ors.

Punjab & Haryana HC14 Oct 2011FAO/3124/2010

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed an appeal from an MACT award, condoning delay. The Court modified the award by granting an additional Rs.15,000 for attendant and loss of income, maintaining other heads of compensation already awarded.

What did the court decide?

Grant of Rs.15,000 additional under 'attendant and loss of Income' payable within 45 days with 6% interest thereafter.

Hari Ram Vs Shamsher Singh and Ors. — Motor Accident Claims | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA HIGH COURT AT CHANDIGARH

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FAO No. 3124 of 2010 Date of Decision: 14.10.2011

Hari Ram

....Appellant

Versus

Shamsher Singh & others

¶7

....Respondents

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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Sandeep Kumar Yadav, Advocate, for the appellant,

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Mr.Manoj K.Tanwar, Advocate, for respondent Nos. 1 & 2,

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Ms.Vandana Malhotra, Advocate, for respondent No.3.

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Mr. Sumit Sangwan, Advocate for the driver and owner.

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Mr.Suvir Dewan, Advocate for respondent No.7.

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JITENDRA CHAUHAN J. (ORAL)

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C.M. No.15236-37 of 2010

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C.M. is allowed. Delay in filing the appeal is condoned.

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FAO No. 3124 of 2010

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The instant appeal is directed against the award dated 05.12.2009, passed by the Motor Accident Claims Tribunal, Narnaul, (for short 'MACT'), seeking enhancement in the amount of compensation.

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The learned Tribunal awarded Rs.78,000/- under various heads (Rs. 18,000/- for disability, Rs. 15,000/- for pain and suffering, Rs.35,000/- for medical expenses and Rs. 10,000/- for healthy diet and transportation).

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A perusal of the record shows that the appellant had to suffer 9% permanent disability. He is an agriculturist.

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From the perusal of the record it is revealed that the appellant was 30 years of age at the time of accident. His working capability has also been affected.

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It is on record that no amount has been given under the heads 'attendant and loss of Income'.

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Keeping in view the above, this Court feels that Rs.15,000/- should be allowed under the head 'attendant and loss of Income', over and above the amount already awarded.

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Against all other heads, an adequate and reasonable compensation has been awarded. To that extent, the award passed by the learned Tribunal is maintained.

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The appeal is partly allowed in the manner and proportion indicated above and the award of Ld. Tribunal is modified to the extent indicated above. The enhanced amount of Rs.15,000/- shall be payable within 45 days from the date of receipt of copy of this judgment. In case enhanced amount is not paid within stipulated period, it shall carry interest at the rate of 6 % per annum from the date of filing of the appeal till it is realised.

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14.10.2011 tarunsahni

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(JITENDRA CHAUHAN) JUDGE

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Note : Whether to be referred to Reporter ? Yes / No

Hari Ram v. Shamsher Singh and Ors.

Case brief

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Hari Ram v. Shamsher Singh and Ors.

Case brief

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