United India Insurance Co. Ltd v. Ved Parkash & Ors.
Case at a glance
Provisions considered
Judgment
CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA. Present:- Mr. Ravinder Arora, Advocate, for the Appellant. Hemant Gupta, J (Oral). Present appeal is directed against the award of Motor Accidents Claims Tribunal, awarding compensation of Rs.51,000 on account of permanent and temporary disability, pain, agony and sufferings etc. Learned counsel for the appellant has raised an argument that in proceedings under Section 163-A of the Motor Vehicles Act, 1988, compensation on account of death and permanent disability alone can be granted. Whereas, the respondent has suffered temporary disability which does not fall within the scope of Section 163-A of the Motor Vehicles Act,
1988. Therefore, the award is not maintainable. The argument raised by learned counsel for the appellant is factually not tenable. The Tribunal has considered the statement of PW-6 Dr. Rajesh Rohilla, who has deposed that the claimant was having permanent disability to the extent of 10% and temporary disability to the extent of 10%. FAO No. 1778 of 2009 -2- Thus, it is evident from the statement of Dr. Rajesh Rohilla that the respondent has suffered permanent disability as well. The argument raised by learned counsel for the appellant is factually not available. Consequently, I do not find any illegality or irregularity in the award rendered by the Tribunal. The appeal is, therefore, dismissed. April 23, 2009 tripti (Hemant Gupta) Judge
Questions this judgment answers
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988.
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Apr 2009. The bench was HEMANT GUPTA.
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.