Allowed

Charanjit Kaur v. State of Punjab and Others

Punjab & Haryana HC25 Nov 2014FAO/1095/2003

Case brief

AI extract

What is this about?

This appeal challenged an inadequate compensation award for a motor accident victim. The court modified the award, granting an additional ₹25,000 based on welfare principles and no-fault liability due to loss of medical evidence in a fire, along with 7.5% interest.

What did the court decide?

Impugned Award modified to grant ₹25,000 compensation plus 7.5% interest per annum; interim compensation adjusted.

Charanjit Kaur Vs State of Punjab and Others — Motor Accident Claims | Punjab & Haryana HC (2014)

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Date of decision: 25^th November, 2014

Charanjit Kaur

� Appellant

Versus

State of Punjab and others

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� Respondents

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Whether Reporters of Local Newspapers may be allowed to see the judgment?

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Whether 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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Present: Mr. Surinder Gaur, Advocate for Mr. Surinder Garg, Advocate for the appellant.

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Mr. B.S. Sra, Addl. Advocate General, Punjab for respondent No.1.

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Remaining respondents – Service dispensed with.

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Challenge in this appeal is to an Award dated 04.01.2003 of the learned Motor Accident Claims Tribunal, Faridkot which has been impugned by the claimant5appellant on the grounds of its inadequacy.

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Heard at length Mr. Surinder Gaur, Advocate appearing on behalf of Mr. Surinder Garg, Advocate for the appellant and Mr.Baljinder Singh Sra, Additional Advocate General, Punjab.

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RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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It was on 26.08.1999 around 6.25 a.m. claimant5appellant Charanjit Kaur was travelling in a Tempo bearing registration No.DL5 2CB52809 when an accident of this vehicle took place with bus bearing No.PB512C59332 belonging to Punjab Roadways, Ferozepur Depot as a consequence of which she suffered injuries.

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Learned counsel representing the appellant, Mr. Surinder Gaur at the very onset of his submissions has submitted that the findings as to the issue No.1 that the accident was due to rash and negligent driving of the offending bus have been laid to rest as they were never impugned by any of the respondents. Thus, the only residual contention is over the quantum of compensation. It is not disputed and denied that the claimant did not receive injuries in this accident. Though it is contended with much vehemence on behalf of the appellant that she suffered permanent disability and the testimony of AW51 Dr.Sohan Singh shows that from 29.09.1999 to 08.11.1999 she remained as an OPD patient of this witness though he has detailed the disability due to restricted movement of the patient to the extent of 30%. As per AW1 he treated the claimant free and there is no proven evidence of medical expenses incurred by her or on anything neither on attendant, diet money or how she has suffered in terms of money.

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Learned counsel for the respondent5State Mr.Baljinder Singh Sra has drawn attention of this Court to the cross5examination of this witness and the certificate Ex.C1 whereby it was mentioned that it was a curable one within one year and so. However, on account of

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RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

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loss of records in fire, which makes appreciation of evidence all the more difficult task and in terms of definition of ‘permanent disablement’ detailed in section 142 of the Motor Vehicles Act, 1988, which implies that any injury or injuries involving permanent impairment of a joint falls within the definition of permanent disablement and the observation that it is likely to improve after one year is only a speculative one and having regard to the welfare nature of the Statute the claimant certainly is entitled to compensation to the tune of �25,000 on the analogy of ‘no fault liability’ as she has failed to lead sufficient evidence to further her case to enable the Court to make reasonable assessment of her loss. Besides this, the claimant/appellant shall also be entitled to interest @7.5% p.a. from the date of filing of the appeal till realization. Interim compensation paid, if any, shall be adjusted. Rest of the stipulations laid down by the Tribunal shall remain the same.

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Thus, in view of the foregoing discussion the instant appeal is allowed to that extent whereby the impugned Award is modified accordingly.

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No costs.

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RATTAN PAL SINGH 2015.01.29 11:36 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court

Charanjit Kaur v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Charanjit Kaur v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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