The appellant challenged the compensation awarded by the tribunal for injuries sustained in a motor accident. The court dismissed the appeal, finding no infirmity in the tribunal's award, and rejected the late application for condonation of delay.
The appeal and the application for condonation of delay were dismissed.
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FAO No. 5157 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
FAO No. 5157 of 2011 (O&M) Date of decision: 5.12.2012
Aash Mohammad
... Appellant
vs
Raj Kumar and others
... Respondents
CORAM: Hon'ble Mr.Justice Rajan Gupta
Present: Mr.R.S.Mamli, Advocate, for the appellant. Mr.P.S.Sullar, Advocate, for respondents No.1 and 2 Mr.Arun Sharma, Advocate, for respondent No.3.
Rajan Gupta, J. (Oral)
Present appeal has been filed to impugn the award passed by
the tribunal.
Learned counsel for the appellant has argued that adequate compensation has not been granted. Expenses incurred by the injured for special diet, attendant etc. were not taken into consideration.
Learned counsel for insurance company has, however, vehemently opposed the plea. He submits that adequate compensation has been granted. There is no scope for enhancement of same.
I have heard learned counsel counsel for the parties and given careful thought to the facts of the case.
An accident occurred on 2.12.2009 in which appellant was injured and had to undergo treatment in a hospital at Yamuna Nagar. On a
FAO No. 5157 of 2011 (O&M) 2
claim being lodged, tribunal came to the conclusion that accident occurred due to rash and negligent driving by driver of the offending vehicle. Tribunal awarded Rs.15,370/- taking into consideration medical expenses incurred by the appellant. Another amount of Rs.20,000/- has been granted for pain and suffering, mental agony, special diet, loss of future prospectus and transportation etc. In total, a compensation of Rs.35,370/- has been awarded to the appellant. I find no infirmity with the award. Appeal is without any merit and is hereby dismissed.
Since appeal is dismissed on merit, application under Section 5 of Limitation Act for condonation of 17 days delay in filing the same also does not survive.
5.12.2012 (RAJAN GUPTA) pk JUDGE
2 issues framed by the court
Whether the compensation awarded by the tribunal in a motor accident case was inadequate.
Whether a time-barred appeal filed beyond the limitation period should be condoned.
Aash Mohammad
Raj Kumar and others
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
