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High Court of Punjab and HaryanaFAO/6085/2014dismissed

Manoj Kumar v. Sukh Ram And ORS

2017-02-07Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

FAO No. 6085 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH FAO No. 6085 of 2014 Date of decision : 07.02.2017 Manoj Kumar ....Appellant V/s Sukh Ram & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Himanshu Puri, Advocate for Mr. J.S. Ghuman,m Advocate for the appellant. Mr. Sandeep Suri, Advocate for respondent no. 3. RAJAN GUPTA J.

Present appeal emanates from the award dated 16.12.2013 passed by Motor Accidents Claims Tribunal, Gurgaon seeking enhancement of compensation.

Learned counsel has impugned the award on the limited ground that quantum of compensation granted is on the lower side. Learned counsel appearing for respondent no. 3-insurance company submits that adequate compensation having been granted by the tribunal, appeal deserves to be dismissed.

I have heard learned counsel for the parties. An accident occurred on 17.01.2011 in which appellant suffered injuries. On a claim being lodged, tribunal held that accident was caused due to rash and negligent driving by driver of the offending vehicle. Tribunal after taking into account medical bills exhibited by the appellant, awarded a sum of `39,000/- towards medical expenses. As appellant Ajay Kumar 2017.02.08 14:57 I attest to the accuracy and authenticity of this document

FAO No. 6085 of 2014 remained under treatment for some time, tribunal awarded a sum of `10,000/- towards loss of income. Another sum of `20,000/- was awarded on account of pain and suffering undergone by the appellant. Total compensation was, thus, worked out as `69,000/-. I am of the considered view that adequate compensation has been granted by the tribunal after taking into account entire facts and circumstances. Therefore, the question of enhancing the compensation awarded by the tribunal does not arise. Accordingly, I find no ground to interfere in appellate jurisdiction of this court. Appeal is without any merit and is hereby dismissed. February 07, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.02.08 14:57 I attest to the accuracy and authenticity of this document