Appeal against the award of the Motor Accidents Claims Tribunal for injuries in a motor vehicular accident. The Court enhanced the awarded compensation by Rs. 5,000, taking interest under Section 171 into consideration.
The award by the Tribunal was enhanced by Rs. 5,000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No.6844 of 2017(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.6844 of 2017 (O&M) Date of decision: 25.05.2018
Juber
.... Appellant
Versus
Farukh and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present : Mr.Brijender Singh, Advocate for Mr. Ashish Gupta, Advocate for the appellants.
Avneesh Jhingan, J.
The present appeal has been filed against award dated 31.05.2017 passed by Motor Accidents Claims Tribunal, Nuh (hereinafter referred to as 'the Tribunal').
In a motor vehicular accident that took place on 16.02.2015, the appellant suffered injuries because of rash and negligent driving of tractor bearing registration No.HR-28B-6429.
A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed. The Tribunal awarded compensation of Rs.25,022 along with interest @ 9% per annum.
The present appeal has been filed for enhancement of compensation.
Learned counsel for the appellant contended that the appellant was hospitalised for three days and suffered multiple injuries. Medical
Anju 2018.05.30 10:43 I attest to the accuracy and integrity of this document phhc
FAO No.6844 of 2017(O&M)
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expenses of Rs.8,000/- were incurred. His contention is that the amounts awarded under the various conventional heads are on the lower side.
Learned counsel for the insurer of the offending vehicle defended the award and resisted any enhancement.
Keeping in view the facts and circumstances of the case, it is deemed appropriate that the amount awarded by the Tribunal is enhanced by Rs.5,000/-. It is clarified that while awarding the said amount, the interest to be awarded under section 171 of the Act has also been taken in consideration.
The appeal is partly allowed in the aforesaid terms.
(AVNEESH JHINGAN) JUDGE
25.05.2018 anju
1.Whether the order is speaking/reasoned: Yes/No
2.Whether the order is reportable : Yes/No
2 issues framed by the court
Whether the compensation awarded by the Tribunal for motor vehicle accident injuries should be enhanced.
Whether the interest under Section 171 of the Motor Vehicles Act, 1988 has been properly considered in the enhanced award.
2 provisions across 1 enactments
Juber
Farukh and others
Avneesh Jhingan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
