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High Court of Punjab and HaryanaFAO/4209/2014dismissed

Desh Raj Kamboj v. Lakhwinder @ Lucky And ORS

2016-02-10Mr. Justice Harbans Singh Rai2 pages

FAO No.4209 of 2014 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4209 of 2014 (O&M) Date of Decision.10.02.2016 Desh Raj Kamboj .......Appellant Vs.

Lakhwinder @ Lucky and others ......Respondents

Present:

Mr. Karan Singh, Advocate for the appellant.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) C.M. No.821-CII of 2016 For the reasons stated in the application, order passed by this Court on 06.01.2016 is recalled and the application in C.M. No.27442-CII of 2015 is restored to its original number. Application is allowed.

C.M. No.27422-CII of 2015 For the reasons stated in the application, order passed by this Court on 08.12.2015 is recalled and the appeal is restored to its original number.

Application is allowed.

FAO No.4209 of 2014 1.

The appeal is for enhancement of claim for compensation for injuries suffered in a motor accident. The Tribunal has provided for entire amount of `2,79,737/- spent for medical expenses for surgery and PANKAJ KUMAR 2016.02.12 12:18 I attest to the accuracy and integrity of this document

FAO No.4209 of 2014 (O&M) -2hospitalization. The doctor who had examined him informed the Court 10 months later when the trial was taking place that at the time of discharge a month later, he required support of two persons to walk him down and he was still on ryle's tube feed. The Tribunal has provided for `50,000/- as the compensation towards pain and suffering and all other charges including attendant and transportation charges. I do not think in a situation where there is no medical evidence brought on any persistent medical disability that there was scope for further enhancement. I find none.

2.

The appeal is dismissed.

(K. KANNAN) JUDGE February 10, 2016 Pankaj* PANKAJ KUMAR 2016.02.12 12:18 I attest to the accuracy and integrity of this document