Jogender Singh v. Surender Singh & ORS

-1FAO No.8061 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No.8061 of 2015 Date of decision: 31.10.2019 Joginder Singh .......Appellant versus Surender Singh and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. S.P. Chahar, Advocate, for the appellant. Mr. Subhash Goyal, Advocate, for respondent No.3. RAMENDRA JAIN, J. (ORAL) Through this appeal, appellant has sought enhancement of compensation, modifying impugned award dated 11.12.2014 of the Motor Accident Claims Tribunal, Jhajjar (in short 'the Tribunal'), passed in claim petition filed by the him under Section 166 of the Motor Vehicles Act for his injuries suffered in a motor vehicular accident. The Tribunal, after holding trial, awarded compensation of `3,31,666/- to the appellant along with interest at the rate of 7.5% per annum from the date of filing claim petition till realization. Heard.

Considering the hospitalization of the appellant for 15 days from 16.04.2011 to 01.05.2011 and his two operations for fracture shaft femur right let and fracture BB right leg, modifying the impugned award, a lump sum compensation of `20,000/- more, which includes interest component, over and above the compensation awarded by the Tribunal is RAVINDER SINGH 2019.11.04 12:25 I attest to the accuracy and integrity of this document

-2FAO No.8061 of 2015 awarded to the appellant.

Respondent No.3 - Insurance Company, through this counsel is directed to deposit the aforesaid enhanced amount of compensation before the learned Tribunal within one month from today for onward disbursement to the appellant-claimant in accordance with law against proper receipt and identification.

In case aforesaid enhanced amount is not deposited within stipulated time, Insurance Company would be liable to pay the same with interest @15% per annum from the date of expiry of one month. Disposed of .

(Ramendra Jain) Judge October 31, 2019 R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No RAVINDER SINGH 2019.11.04 12:25 I attest to the accuracy and integrity of this document