Dismissed

State of Haryana v. Baldev Singh

Punjab & Haryana HC21 Oct 2011FAO/787/1993

Case brief

AI extract

What is this about?

Two appeals filed by the State and the injured claimant regarding a motor accident compensation award of ₹1,00,000 were dismissed. The Single Judge held the sum awarded was just and reasonable, finding no merit in the applications for enhancement or setting aside the award.

What did the court decide?

The appeals filed by the State and the claimant were dismissed with no relief granted.

State of Haryana Vs Baldev Singh — Motor Accident Claims | Punjab & Haryana HC (2011)

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FAO Nos.787 and 876 of 1993

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(i) FAO No.787 of 1993 Date of Decision : 21.10.2011

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State of Haryana and others

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.......Appellants Versus Baldev Singh and another .......Respondents (ii) FAO No.876 of 1993

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Baldev Singh

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.......Appellant Versus

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State of Haryana and others

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.......Respondents

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CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. Ajay Gulati, DAG, Haryana.

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Mr. R.S. Longia, Advocate, for Baldev Singh and Sher Singh, claimants.

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JITENDRA CHAUHAN, J. (ORAL)

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Two appeals, namely, FAO Nos.787 and 876 of 1993, are being disposed of by this single judgment, having arisen out of the same accident.

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Brief facts leading to filing of the present appeals are that on 3.8.1992, Baldev Singh, the claimant-appellant was travelling along with Sher Singh, on a Hero Honda Motorcycle No.HR-07-A-

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FAO Nos.787 and 876 of 1993

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0311 from Babain to District Courts, Kurukshetra, which was being driven by Sher Singh. When they reached in the area of Village Ramgarh, a Matador No.HR-24/3294, which was being driven rashly and negligently by the driver, came from the opposite side and struck against their motorcycle after going to its wrong side. Resultantly, both the motorcyclists including the claimant-appellant, Baldev Singh, sustained injuries.

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The claimant, Baldev Singh, preferred MACT Case No.102 of 1992, before the learned Motor Accident Claims Tribunal, Kurukshetra, claiming compensation on account of the injuries suffered by him in the accident The learned Tribunal awarded compensation to the tune of ` 1,00,000/- under different heads. Aggrieved therefrom, the State of Haryana has preferred FAO No.787 of 1993, for setting aside the impugned Award. The claimantappellant has filed FAO No.876 of 1993, seeking enhancement thereof.

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I have heard the learned counsel for the parties and perused the record.

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From the statement of Dr. Ranju Soni, PW2, who medicolegally examined the appellant, Baldev Singh, it is evident that he suffered multiple injuries on his person including fracture shaft femur of right side. He remained bed-ridden for a period of 2 ½ months. The learned Tribunal has awarded an amount of 15,000/- on account of ‘loss of income’, 20,000/- towards ‘medication, special diet, transportation, attendant, etc.’, and `65,000/- under the head ‘pain and suffering, loss of enjoyment and amenities of life’.

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FAO Nos.787 and 876 of 1993

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In the facts and circumstances of the present case, the aforesaid compensation awarded against the respective heads seems just and reasonable and no case of enhancement thereof is made out. Accordingly, this Court is not inclined to interfere in the well reasoned Award of the learned Tribunal. Therefore, FAO No.876 of 1993 is hereby dismissed. There is also no force in the contention of the learned counsel for the State of Haryana that the compensation awarded by the learned Tribunal is on higher side. Consequently, FAO No.787 of 1993, filed by the State of Haryana is also dismissed.

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( JITENDRA CHAUHAN ) 21.10.2011 JUDGE

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atulsethi

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

State of Haryana v. Baldev Singh

Case brief

What is this about?

What did the court decide?

State of Haryana v. Baldev Singh

Case brief

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What did the court decide?

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