Mohd Israr v. Javed And ORS

  







IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** FAO No.4424 of 2014 Date of Decision: 31.05.2019 Mohd. Israr Appellant

Versus

Javed and others Respondents

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Ms. Shelja Sharma, Advocate for Mr. Rajesh Lamba, Advocate for the appellant.

Ms. Sheenu Sura, Advocate for the respondent-Insurer.

**** AVNEESH JHINGAN, J (Oral):

Aggrieved of award dated 28.02.2014 passed by the Motor Accident Claims Tribunal, Mewat [for brevity 'the Tribunal'], the claimant has filed the present appeal.

In the claim proceedings, following issues were framed:-
  

        

       

   

   

  



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* %   PANKAJ BAWEJA 2019.05.31 16:34 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh

  




With regard to issue No.1, following findings were recorded:-
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    4 With regard to issue No.2, the Tribunal opined that the appellant had got reimbursement of medical expenses from his employer and the claim petition was dismissed. From perusal of the findings recorded by the Tribunal with regard to issue No.1, it is evident that there is a clerical error. After recording that accident was result of rash and negligent driving of the offending vehicle, the issue was decided against the petitioner. In such circumstances, the conclusion of issue No.1 cannot be sustained. There is no challenge to findings recorded that accident was result of rash and negligent driving of offending vehicle. The matter with regard to quantum of compensation is remitted back to the Tribunal to be decided afresh in accordance with law. Needless to add that in case there was some reimbursement of medical expenses to the claimants, same would also be considered by the Tribunal. Parties are directed to appear before the Tribunal on 08.08.2019.

Disposed of accordingly.

[AVNEESH JHINGAN] JUDGE May 31, 2019    "

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1. Whether speaking/ reasoned :

Yes

2. Whether reportable :

No PANKAJ BAWEJA 2019.05.31 16:34 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh