Partly allowed

Om Parkash v. Gurjeet Singh and Ors.

Punjab & Haryana HC10 May 2018FAO/7254/2015

Case brief

AI extract

What is this about?

In this appeal, the High Court enhanced the Rs.68,720 award for motor accident injury to Rs.1,00,000. The court considered hospitalization, ongoing treatment, and medical expenses of nearly Rs.35,000, adding interest from the date of claim filing.

What did the court decide?

Compensation enhanced to Rs.1,00,000 with interest at 6% per annum from the date of filing the claim petition.

Om Parkash Vs Gurjeet Singh and Ors. — Medical Negligence | Punjab & Haryana HC (2018)

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FAO No.7254 of 2015 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.7254 of 2015 (O&M) Date of decision: 10.05.2018

Om Parkash

.... Appellant

Versus

Gurjeet Singh and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

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Present : Mr. Ankit Aggarwal, Advocate for the appellant.

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Ms. Vandana Malhotra, Advocate for respondent No.3-Insurance Company.

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Avneesh Jhingan, J.

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The present appeal has been filed against award dated 06.07.2015 passed by Motor Accidents Claims Tribunal, Karnal (hereinafter referred to as 'the Tribunal').

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Om Parkash, aged 62 years, auto rickshaw driver by profession, suffered injuries in a motor vehicular accident that took place on 01.12.2012. Three wheeler bearing registration No.HR-45A-2824 of the appellant was struck by a rashly and negligently driven Innova car bearing registration No.PB-01A-1948 (for short, 'the offending vehicle'). As a result of the impact, the appellant suffered injuries and was taken to General Hospital, Nilokheri. FIR No.101 dated 10.03.2013 was registered at Police Station Butana, Karnal.

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A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed. The Tribunal awarded a sum of

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Anju 2018.05.12 13:11 I attest to the accuracy and integrity of this document High court chandigarh

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FAO No.7254 of 2015 (O&M)

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Rs.68,720/- along with interest @ 6% per annum.

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The present appeal has been filed for enhancement of compensation.

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Learned counsel for the appellant states that the appellant remained hospitalised for 14 days even thereafter also his treatment continued. The grievance raised is that there was a permanent disability of 5% qua limb for which the Tribunal has awarded Rs.5,000/- but the amounts awarded for various pecuniary and non-pecuniary heads are on the lower side.

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Learned counsel for the insurer defended the award and resisted any enhancement.

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Keeping in view the fact that 62 years old auto rickshaw driver suffered injuries, remained hospitalised and was under treatment even after the period of hospitalisation and the fact that there were medical expenses of almost Rs.35,000/-. The amount awarded by the Tribunal of Rs.68,720/is enhanced to Rs.1,00,000/-.

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The appellant would be entitled to enhanced amount along with interest @ 6% per annum as awarded by the Tribunal from the date of filing the claim petition till the realisation of the amount.

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The appeal is partly allowed in the aforesaid terms.

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10.05.2018 anju

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(AVNEESH JHINGAN) JUDGE

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1.Whether the order is speaking/reasoned: Yes/No 2.Whether the order is reportable : Yes/No

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Anju 2018.05.12 13:11 I attest to the accuracy and integrity of this document High court chandigarh

Om Parkash v. Gurjeet Singh and Ors.

Case brief

What is this about?

What did the court decide?

Om Parkash v. Gurjeet Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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