Punjab-Haryana High Court
Rupinder Kaur Wife Of Sh. Navdeep Singh ... vs Gurnam Singh Son Of Sh. Bhagwan Singh ... on 26 July, 2012
Rupinder Kaur wife of Sh. Navdeep Singh aged 25 years resident of
House No.585, MIG Urban Estate, Phase-I, Patiala
.....Appellant
Versus
Gurnam Singh son of Sh. Bhagwan Singh resident of village Shadipur
Momian, Tehsil Patran, District Patiala and another
.....Respondents
Present: Mr. S.S. Antal, Advocate
for the appellant.
1. Whether Reporters of local papers may be allowed to see the judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
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For the reasons stated in the application, delay of 296 days in filing the restoration application is condoned.
Application is allowed.
For the reasons stated in the application, order passed by this Court on 03.06.2011 is recalled and the appeal is restored to its original number.
Application is allowed.
1. The only ground raised in appeal by the learned counsel is that after the fractures suffered at the temporal bone and the leg, she has suffered a disability but the Court has not assessed any compensation for disability. To a query from Court as what is the nature of disability and what was the evidence that was brought before the Tribunal to prove such disability, the counsel admits that there is no such evidence. If there is no evidence, there is no way that a Judge can enter into a realm of conjecture to held that there ought to have been a disability because there was a fracture. The denial of compensation under the head of disability when there existed no proof of disability cannot be faulted.
2. The award is confirmed and the appeal is dismissed. Pankaj*