Lali Singh @ Karamjeet Singh v. Bhola Singh Etc.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CM-11465-CII-2022 in/and FAO-583-2002 (O&M)
Reserved on: 19.01.2023
Date of Pronouncement : 27.01.2023 Lali Singh @ Karamjeet Singh ...Appellant
Versus
Bhola Singh and others
...Respondents
CORAM:
HON'BLE MR.JUSTICE H.S. MADAAN
H.S. MADAAN , J.
CM-11465-CII-2022 This is an application for fixing some actual date of hearing in the main appeal. Keeping in view the averments mentioned in the application and considering the fact that the appeal relates to the year 2002, the same is allowed. With the consent of counsel for the parties, the hearing in the main appeal is preponed to today itself. Main Case Briefly stated facts of the case are that petitioner/claimant Lali Singh son of Billu Singh had suffered injuries in a motor vehicular accident, which took place on 04.09.1996 at about 7.00 pm in the area of village Gandu Kalan, statedly on account of rash and negligent driving of truck No.PB-03-2027 (for short 'the offending truck') by respondent
No.1 Bhola Singh @ Jagdeep Singh, as such he had filed a claim petitioner under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the Act') against respondents i.e. Bhola Singh @ Jagdeep Singh-driver, Nachhatar Singh - owner and National Insurance Company Ltd., Hisarinsurer of the offending truck. 2.
That claim petition was tried by Motor Accidents Claims Tribunal, Hisar (for short 'the Tribunal') and after contest, it was allowed, vide award dated 06.12.2000, and compensation of Rs.65,000/- was awarded to the claimant, payable with interest @ 12% p.a., from the date of filing of claim petition till actual realization. 3.
Feeling aggrieved by that award, the claimant had filed an appeal before this Court, notice of which was given to the respondents, however, only respondent No.3 has put in appearance through counsel to offer a contest.
4.
It may be mentioned here that record of this case had got burnt in a fire which broke out in the record room of this Court, however, whatever papers could be salvaged, the record was reconstructed and the case is being disposed of after going through such papers as well as the papers made available by learned counsel for the parties. 5.
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) Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :
(a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses.
Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage). (vi) Loss of expectation of life (shortening of normal longevity). 13.
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