✦ Punjab & Haryana High Court · 12 Mar 2012

Balwant Singh v. Sh.Khajan Singh & Anr.

FAO No. 634 of 1993NAWAB SINGH

Case at a glance

Decided
12 Mar 2012
Bench
NAWAB SINGH

Outcome

Dismissed

Hence, the appeal is dismissed

Provisions considered

Key paragraphs

  • Para 33. Vide award dated February 03, 1993, the Tribunal after taking into consideration the nature of the injuries assessed the compensation at Rs.40,000/-. Since the accident took place on account of contributory negligence of the claimant to an extent of 20%, the amount of compensation…
  • Para 77. Hence, the appeal is dismissed. March 12, 2012 `gian' ( NAWAB SINGH ) JUDGE

Judgment

CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Pritam Saini, Advocate, for the appellant. None for the respondents. NAWAB SINGH J.(ORAL) On February 14, 1991 at about 8.30 PM, Balwant Singh - appellant was coming from Ladwa to Yamuna Nagar on his motor cycle. In the area of village Radaur, he met with an accident with truck No.HR02-9387 driven by Khajan Singh. Balwant Singh suffered injuries.

2.

He filed claim application under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short `the Tribunal').

3.

Vide award dated February 03, 1993, the Tribunal after taking into consideration the nature of the injuries assessed the compensation at Rs.40,000/-. Since the accident took place on account of contributory negligence of the claimant to an extent of 20%, the amount of compensation was reduced to Rs.32,000/- and was accordingly awarded along with interest at the rate of 12% per annum from the date of filing of the claim application till its realisation. FAO No.634 of 1993(O&M) [2]

4.

Aggrieved by the award, the claimant is in appeal before this Court for enhancement of the compensation.

5.

In the accident, Balwant Singh suffered two injuries; one lacerated wound 8 x 3 cms on his fore-head and lacerated wound on the back of his left leg. After X-ray examination, multiple fracture of the skull was found, while the injury on the leg was found simple in nature. He remained hospitalised for 25 days.

6.

Taking into consideration the aforesaid injuries suffered by the appellant and also the fact that the accident took place in the year 1991, that is more than 21 years ago, this Court is of the view that the amount awarded by the Tribunal was just and reasonable and there is no scope for enhancement.

Operative part

7.

Hence, the appeal is dismissed. March 12, 2012 `gian' ( NAWAB SINGH ) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Hence, the appeal is dismissed

Which statutory provisions did this judgment involve?

Motor Vehicles Act, 1988 — s. 166.

Which court decided this case, and when?

Punjab & Haryana High Court, on 12 Mar 2012. The bench was NAWAB SINGH.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Punjab & Haryana High Court or eCourts case status (search case no. FAO No. 634 of 1993). ← Search more judgments