Bharpai v. Najme Khasan And ORS

S.No.207

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** FAO No.232 of 2016 (O&M) Date of Decision:19.12.2022 Bharpai .....Appellant Vs.

Najme Khasan and others .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. S.K. Tripathi, Advocate for the appellant. Mr. Pardeep Goyal, Advocate for respondent No.3. **** DEEPAK GUPTA, J.

This is an appeal by the claimant- injured seeking enhancement. The compensation of ₹1,60,195/- has been allowed by the learned Tribunal. It is contended that nothing has been awarded towards attendant charges. Learned counsel for the Insurance Company conceded this fact. Considering all the heads, with the consent of counsel for both the parties, overall compensation is assessed to be ₹2 lacs. Since the respondents were held liable to pay compensation to the extent of 75% only, as such the total compensation amount awardable to the injured- appellant- claimant works out to be ₹1,50,000/-. An amount of ₹1,20,146/- (75% of the assessed compensation) has already been awarded to the claimant. Therefore, rest of the amount of ₹29,854/- shall be payable to the appellant alongwith interest @ 6% per annum from the date of filing of the petition, till actual realisation. Rest of the conditions of the award shall remain as it is, i.e. recovery right in favour of the Insurance Company. Disposed of.

December 19, 2022 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2023.01.30 11:12 I attest to the accuracy and integrity of this document Chandigarh