Judgment:
FAO No.817 of 2000 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.817 of 2000 Date of Decision.30.06.2014 Sushil Kumar ......Appellant Versus Ashok Kumar and others ......Respondents Present: Mr. Ashish Gupta, Advocate for the appellant. Mr. Satpal Dhamija, Advocate for the insurance company. CORAM:HON'BLE MR. JUSTICE K. KANNAN1 Whether Reporters of local papers may be allowed to see the judgment ?.
2. To be referred to the Reporters or not ?.
3. Whether the judgment should be reported in the Digest?. -.- K. KANNAN J.
1. The appeal is for enhancement of compensation for personal injury suffered by the claimant in a motor accident on 16.08.1995. He claimed that he had suffered an abrasion and laceration in which there was a muscle deep injury on the left hand. He claimed that he had spent about ` 5,000/-. PW1 Dr. S.S. Malik spoke about two injuries for which he treated him but they were simple in nature. The Tribunal has awarded ` 250/- as compensation. I would enhance it to ` 2250/- for pain and suffering and the trauma that he must have suffered apart from transport expenses and special diet.
2. As regards damage to the vehicle, the Tribunal found that there was no proof for damage to the vehicle. It was contended that he had spent about ` 40,000/-. I cannot find any fault with the Tribunal in Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh FAO No.817 of 2000 -2- disallowing the claim compensation for damage to the vehicle in the absence of any proof regarding the cost of repairs incurred by him.
3. The award is modified providing for additional compensation of ` 2250/- instead of ` 250/- which was already granted. This shall also attract interest @7.5% from the date of petition till the date of petition. The liability shall be on the insurance company.
4. The award is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE June 30, 2014 Pankaj* Kamboj Pankaj Kumar 2014.07.02 09:55 I attest to the accuracy and integrity of this document Chandigarh