Punjab-Haryana High Court
Vikas Sharma vs Gurnam Singh And Others on 6 February, 2014
FAO No. 2272 of 2002(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 2272 of 2002(O&M)
Date of Decision:06.02.2014
Vikas Sharma ........Appellant
versus
Gurnam Singh and others ......... Respondents
CORAM: Hon'ble Mr. Justice Ajay Tewari
Present: Mr.Ashish Aggarwal, Advocate
for the appellant.
Mr. Ravinder Arora, Advocate
for the insurance company.
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1. 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?
Ajay Tewari, J. (Oral):
This appeal has been filed for enhancement of compensation. Shorn of unnecessary details, the case of the claimant is that on 23.10.97 he was riding the pillion of scooter of one Shah Hanif alias Bittu bearing No. PB-07D-6712 and after getting the petrol filled from Khullar Petrol Pump, Talwara, they both had started for their destination. Vijay Kumar and Mukesh Kumar were also following them on their motor cycle. When they reached near the mango garden on the main road in Sector 2, Talwara it was about 9.15 p.m. At that time a truck bearing No. PB-12B- 5279 came from the side of Hajipur being driven in a rash and negligent manner and at a high speed and struck against the scooter of Hanif which got entangled in the front side of the truck and both Shah Hanif and Vikas Nagpal Sunita 2014.03.04 14:03 I attest to the accuracy and integrity of this document FAO No. 2272 of 2002(O&M) 2 Sharma were dragged by the truck from the left side to the right side of the road. Vijay Kumar and Mukesh got them admitted in BBMB Hospital Talwara but Shah Hanif alias Bittu succumbed to the injuries and the present claimant-appellant received multiple grievous injuries. Since claimant Vikas Sharma was a student of 19 years and was not employed anywhere the Tribunal awarded a sum of Rs. 25,000/-in all.
Learned counsel for the appellant has argued that the Tribunal has erred in awarding only /rs, 25,000/- in a;;l. I find that the Tribunal has considered all the evidence produced by the appellant with regard to medical expenses. Thus, considering that the appellant has not suffered any permanent disability and had only a ligamentous injury, I see no scope for interference in the award.
Appeal is dismissed.
(AJAY TEWARI) JUDGE February 06, 2014 sunita Nagpal Sunita 2014.03.04 14:03 I attest to the accuracy and integrity of this document