Allowed

Niwas v. Balwinder Singh

Punjab & Haryana HC10 Mar 2014FAO/1014/1995

Case brief

AI extract

What is this about?

The High Court allowed an appeal against the dismissal of a compensation claim for injuries sustained in a motor accident. The court held the scooterist 80% responsible for not maintaining safe distance, abated the claim accordingly, and awarded Rs. 6,000 with interest.

What did the court decide?

Awarded Rs. 6,000 to the appellant as compensation for injuries, payable by the insurer with interest at 7.5%.

Niwas Vs Balwinder Singh — Motor Accident Claims | Punjab & Haryana HC (2014)

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FAO No.1014 of 1995

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.1014 of 1995 Date of Decision.10.03.2014

Shri Siri Niwas

......Appellant

Versus

Balvinder Singh and others ......Respondents

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Present: Mr. Vikram Singh, Advocate for the appellant.

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Mr. Neeraj Khanna, Advocate for respondent No.3.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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-.-

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K. KANNAN J. (ORAL)

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The appeal is against the dismissal of the petition for compensation for the injuries suffered in the accident. It is said to have taken place when the claimant who was the scooterist dashed against the truck which was going ahead of him. The contention was that the truck had immediately applied brake and turned to the right without any indication and therefore, caused the accident. A scooterist dashing against a truck from behind must take responsibility for the accident and it will be no avail to him to contend that the truck going ahead of him suddenly applied the brake. He must so keep the distance that he does not hit against a vehicle going ahead of him and the manner in which the accident had taken place betrays a lack of care on the part of the claimant himself. It will attribute 80% of the responsibility for the

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Kamboj Pankaj Kumar 2014.03.18 15:38 I attest to the accuracy and integrity of this document Chandigarh

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FAO No.1014 of 1995

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accident to the scooterist claimant and I will make a partial abatement of the claim to the said extent.

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The claimant is reported to have suffered facial injury with one tooth having been broken and another tooth tottering. There was laceration of the upper lip and also a cut injury on the lip. The dentist who had spoken about the disability had spoken that there had been a disability in his speech which he assessed at 30%. He was unable to say how the disability could have been assessed as regards the whole body. The claimant also claimed that he had incurred an expenditure of 8,000/- towards medicines although no record was filed before the Tribunal. I will take the medical expenses to be 5,000/-, provide for pain and suffering that would include replacement of two of his teeth by dentures at 15,000/- and I will also make a provision for permanent disability said to have caused to him at 10,000/-. On the whole, the total amount will be 30,000/-. I will take 80% as resulting abatement in his claim and take ` 6,000/- as the entitlement for the claimant. The liability shall be on the insurer. The award will also attract interest @7.5% from the date of petition till the date of payment.

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The award passed by the Tribunal is set aside and the appeal is allowed to the above extent.

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(K. KANNAN) JUDGE

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March 10, 2014 Pankaj*

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Kamboj Pankaj Kumar 2014.03.18 15:38 I attest to the accuracy and integrity of this document Chandigarh

Niwas v. Balwinder Singh

Case brief

What is this about?

What did the court decide?

Niwas v. Balwinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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