Jaswinder Pal Singh Virdi v. Jaspreet Singh And ORS

FAO No.1803 of 2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1803 of 2014 (O&M) Date of decision: 15.05.2018 Jaswinder Pal Singh Virdi .... Appellant

Versus

Jaspreet Singh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present :

Mr.J.S.Bagga, Advocate with Mr. Pawan Raughta, Advocate for the appellant.

Mr. H.S.Saggu, Advocate for respondents No.1 and 2.

Mr.S.S.Sidhu, Advocate for respondent No.3.

**** Avneesh Jhingan, J.

The present appeal has been filed against award dated 04.10.2013 passed by Motor Accidents Claims Tribunal, SAS Nagar, Mohali (hereinafter referred to as 'the Tribunal').

In a motor vehicular accident that took place on 10.08.2010, Jaswinder Pal Singh Virdi suffered injuries. In the said accident, the offending vehicle was a Maruti Esteem Car bearing registration No.PB-10-BA-1573. FIR No.111 dated 10.08.2010 was registered at Police Station Sangrur. A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') was filed. The Tribunal awarded a sum of Rs.6,13,311/- along with interest @ 6% per annum. The present appeal has been filed for enhancement of compensation.

Anju 2018.05.18 11:40 I attest to the accuracy and integrity of this document High court chandigarh

FAO No.1803 of 2014 (O&M) -2The appeal is accompanied by an application for leading additional evidence i.e Ex.PW-1/138 i.e. disability certificate issued by the Medical Board of Government Multi Speciality Hospital, Sector 16, Chandigarh.

Learned counsel for the appellant has argued that the certificate was issued after the passing of award. Therefore, the same could not be produced before the Tribunal. As per the certificate, there is 70% permanent disability.

Learned counsel for the insurer argued that the certificate has to be proved and they should be granted an opportunity to rebut the evidence. In the facts and circumstances of the case, without expressing any opinion on the merits, the issue regarding enhancement of compensation is remitted back to the Tribunal. It will be decided after taking into consideration the disability certificate now produced subject to the condition that the same may be proved by deposition of the witnesses, if so required. The Insurance Company would have a liberty to adduce additional evidence, if so desired or to rebut the evidence produced by the appellant. Parties are directed to appear before the Tribunal on 12.07.2018. Appeal is disposed of.

(AVNEESH JHINGAN) JUDGE 15.05.2018 anju 1.Whether the order is speaking/reasoned:

Yes/No 2.Whether the order is reportable :

Yes/No Anju 2018.05.18 11:40 I attest to the accuracy and integrity of this document High court chandigarh