Mohd Khalid vs.dharamveer & Ors

Mohd Khalid vs Dharamveer & Ors

Type Court Judgment Court Delhi Decided Nov 30, 2017

~2 min read

https://sooperkanoon.com/case/1211005

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1211005
Court: Delhi High Court
Decided On: Nov 30, 2017
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mohd Khalid

Advocate Mr. N.K. Jha, Mr. Pankaj Seth

Respondent

Dharamveer & Ors

Excerpt

.....disability suffered in motor vehicular accident that occurred on mac app. no.997/2012 & 998/2012 page 1 of 2 21.03.2009, are found to be prima facie perverse and deficient for the reason that the tribunal having noted at one stage (paras 24 and25) of the impugned judgment dated 31.05.2012, that they had been rendered permanently disabled, duly certified by medical authorities, there was no consideration of the element of functional disability so as to include any amount of damages under the head of loss of income in future due to such disability. the appeals are pressed by the appellants (claimants) only to seek compensation under the said head i.e. loss of income in future due to functional disability.2. in the given facts and circumstances, it is deemed proper that the tribunal is called upon to pass an appropriate judgment in the matters by considering such element.3. therefore, these appeals are allowed. the impugned judgment to the extent compensation was thereby determined is set aside. the matter is remanded to the tribunal for further consideration and adjudication.4. the parties are directed to appear before the tribunal on 05.02.2018. needless to add, the amounts already received in terms of the impugned judgment shall be liable to be adjusted against the fresh awards that will be passed. this will not affect the recovery rights already granted to the insurer.5. the appeals stand disposed of in above terms. november30 2017 srb r.k.gauba, j.mac app. no.997/2012 & 998/2012 page 2 of 2

Full Judgment

$~R-600 & 601 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:

30. h November, 2017 + MAC. APPEAL No.997/2012 MOHD KHALID ..... Appellant Through: Mr. N.K. Jha, Advocate. versus DHARAMVEER & ORS + MAC. APPEAL No.998/2012 Through: AFSAR ALI .….Respondents Mr. Pankaj Seth, Advocate for R-3. ..... Appellant Through: Mr. N.K. Jha, Advocate. versus DHARAMVEER & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA R-3. Through: Mr. Pankaj Seth, Advocate for .….Respondents JUDGMENT (ORAL) 1. The awards on the accident claim cases (MACT case Nos. 153/
and 154/12/09) of the two appellants herein, both instituted on 24.10.2009, seeking compensation for injuries and permanent disability suffered in motor vehicular accident that occurred on MAC App. No.997/2012 & 998/2012 Page 1 of 2 21.03.2009, are found to be prima facie perverse and deficient for the reason that the Tribunal having noted at one stage (paras 24 and

25) of the impugned judgment dated 31.05.2012, that they had been rendered permanently disabled, duly certified by medical authorities, there was no consideration of the element of functional disability so as to include any amount of damages under the head of loss of income in future due to such disability. The appeals are pressed by the appellants (claimants) only to seek compensation under the said head i.e. loss of income in future due to functional disability.

2. In the given facts and circumstances, it is deemed proper that the Tribunal is called upon to pass an appropriate judgment in the matters by considering such element.

3. Therefore, these appeals are allowed. The impugned judgment to the extent compensation was thereby determined is set aside. The matter is remanded to the Tribunal for further consideration and adjudication.

4. The parties are directed to appear before the Tribunal on 05.02.2018. Needless to add, the amounts already received in terms of the impugned judgment shall be liable to be adjusted against the fresh awards that will be passed. This will not affect the recovery rights already granted to the insurer.

5. The appeals stand disposed of in above terms. NOVEMBER30 2017 srb R.K.GAUBA, J.

MAC App. No.997/2012 & 998/2012 Page 2 of 2

Same Court & Year Delhi · 2017 Same Parties Mohd Khalid vs Dharamveer & Ors Same Subject Land Acquisition