Dr. Naresh Kumar Arora v. Avdesh And Another
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH FAO-1011-1997 Date of decision : 04.03.2025 DR. NARESH KUMAR ARORA ....Appellant
Versus
AVDESH AND ANOTHER
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Sudhir Aggarwal, Advocate with Mr. Ishan Aggarwal, Advocate for the appellant.
PANKAJ JAIN, J. (ORAL) Claimant is in appeal aggrieved of award passed by MACT, Hisar, dated 18.02.1997.
2.
The claimant/appellant received injuries in a motor-vehicular accident dated 29.05.1994 and sought compensation by way of present claim petition.
3.
Tribunal held both the drivers i.e. the claimant as well as respondent No.1 to be negligent to the extent of 50% each. While assessing compensation, the compensation awarded was determined as under : "i) Pain and suffering : Rs. 30,000/- ii) Conveyance : Rs. 4,000/- iii) Attendant charges : Rs. 5,400/- iv) Special died : Rs. 2000/- Out of the aforesaid total amoutn of Rs.41,400/- the petitioner is however held entitled to Rs.20,700/- only in view of Deepak Kumar 2025.03.05 16:37 I attest to the accuracy and integrity of this document
FAO-1011-1997 -2my discussion on issue No.1 above regarding his himself also having contributed towards the accident in question." 4.
Keeping in view the fact that no site plan was produced and evidently from the statement of the appellant/claimant also the accident took place head on, no fault can be found with the findings recorded by the Tribunal w.r.t. contributory negligence of the claimant. 5.
Coming on the issue of quantum also this Court finds that in view of the fact that there is no permanent disability suffered by the claimant, Tribunal has rightly awarded the compensation. 6.
In view of above, finding no merit in the instant appeal, the same is ordered to be dismissed.
March 04, 2025 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No Deepak Kumar 2025.03.05 16:37 I attest to the accuracy and integrity of this document