Dismissed

Ramphal Kaushal v. Chandigarh Transport Undertaking & Ors.

Punjab & Haryana HC4 Jul 2019FAO/4205/2017

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the single-judge court dismissed the challenge as devoid of merit. The appellant failed to produce a disability certificate or examine any medical expert to prove grievous injuries.

What did the court decide?

The appeal against the award of Rs.52,972/- was dismissed being devoid of merits due to lack of medical evidence.

Ramphal Kaushal Vs Chandigarh Transport… — Motor Accident Claims | Punjab & Haryana HC (2019)

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FAO No. 4205 of 2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No. 4205 of 2017 Date of decision:- 04.07.2019

Ramphal Kaushal

...Appellant

Versus

Chd. Transport Undertaking & others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. Rakesh Gupta, Advocate for the appellant.

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RITU BAHRI J. (Oral)

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The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 23.02.2017 passed by the learned Motor Accident Claims Tribunal, Patiala (for short, 'the Tribunal') to the tune of Rs.52,972/- on account of injuries suffered by the appellant in an accident on 20.09.2015

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The Tribunal awarded the compensation to the claimant as

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mentioned below:-

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On account of medical expenses	Rs.12472/-
Pain and suffering	Rs.20,000/-
Loss of income during the	Rs.20,500/-
treatment period of seven days
Total	Rs.52,972/-

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The learned counsel for the claimant-appellant contends that the compensation awarded by the learned Tribunal to the present appellant is on the lower side and deserves to the enhanced, as the appellant received grievous injuries.

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After going through the contents of the appeal and going

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Gaurav Arora 2019.07.05 11:13 I attest to the accuracy and integrity of this document Chandigarh

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FAO No. 4205 of 2017

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through the award passed by the Tribunal, the present appeal is liable to be dismissed, as the appellant in the present case has not suffered any disability and he has not proved on record any disability certificate. The appellant has further not examined any doctor or other medical expert to show that he has suffered grievous injuries.

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Keeping in view the above fact, the present appeal is dismissed being devoid of any merits.

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04.07.2019 ( RITU BAHRI ) G Arora JUDGE

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Whether speaking/reasoned Yes Whether reportable No

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Gaurav Arora 2019.07.05 11:13 I attest to the accuracy and integrity of this document Chandigarh

Ramphal Kaushal v. Chandigarh Transport Undertaking & Ors.

Case brief

What is this about?

What did the court decide?

Ramphal Kaushal v. Chandigarh Transport Undertaking & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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