Gurmeet Singh v. Lal Chand

FAO-609-2000 202-3

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-609-2000 Date of decision : 24.01.2018 Gurmeet Singh and another ... Appellant(s)

Versus

Lal Chand and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Vinod Kumar Kataria, Advocate for the appellant(s).

Mr. Paul S. Saini, Advocate for the respondent(s)/Insurance Company.

**** AMIT RAWAL, J. (ORAL) The present appeal has been filed by the claimants for enhancement of the compensation against the award dated 01.09.1999 rendered by the Tribunal, whereby the compensation of `10,000/- along with interest 12% per annum has been awarded on account of damages to the tractor in a motor accident occurred on 08.06.1995. Learned counsel appearing on behalf of the appellantsclaimants submits that the Tribunal has awarded the compensation to the tune of `10,000/-, which is on lower side. Tractor bearing Chassis No.BSN186111 Engine No.NXC-187972 and Sr. No.NX-186111 was totally damages in the aforementioned accident and the tractor was purached after obtaining a loan from PADB, Jaittu Mandi (Punjab), thus, urges this Court for enhancement.

Yogesh Sharma 2018.02.08 10:10 I attest to the accuracy and integrity of this document

FAO-609-2000 On the other hand, learned counsel appearing on behalf of the Insurance Company submits that the Tribunal has rightly awarded the compensation of ` 10,000/- towards the damages to the Tractor, aforementioned and there is no further scope of enhancement, thus, urges this Court for dismissal of the appeal.

I have heard the learned counsel for the parties and appraised the paper book and of the view that there is no likelihood of increase in the compensation as the Tribunal has rightly awarded the compensation of `10,000/- to the claimant on account of damages to the tractor, aforementioned. The insurance policy does not envisage any condition of awarding the compensation on account of damages to the vehicle more than the one as prescribed under Section 147 of the Motor Vehicles Act. Accordingly, I do not find any illegality and perversity in the findings rendered by the Tribunal and the same are hereby upheld. Resultantly, the appeal is dismissed.

( AMIT RAWAL) JUDGE 24.01.2018 Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No Yogesh Sharma 2018.02.08 10:10 I attest to the accuracy and integrity of this document