Roop Chand vs. Roop Lal

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.2450 of 2001 (O&M) Date of Decision:16.10.2015

Roop Chand

!.Appellant

Versus

Roop Lal and others

!.Respondents

CORAM: HON'BLE MS. JUSTICE NAVITA SINGH

Present: Mr. Hoshiar Singh, Advocate for Mr. Sanjeev Sharma, Advocate for the appellant.

Mr. Lalit Garg, Advocate for respondent No.3- New India Assurance Company Ltd.

NAVITA SINGH, J.

1. This appeal for enhancement of compensation of Rs.25,000/ granted by Motor Accidents Claims Tribunal, Patiala (Tribunal for short) vide award dated 21.1.2000.

2. The appellant was injured in a road accident on 4.12.1992 and he was granted compensation to the tune of Rs.25,000/- in lump-sum.

3. Counsel for the appellant argued that the amount was inadequate because nothing was granted for loss of income, for special diet and attendant etc. This argument is countered by counsel for the other side stating that the appellant did not bother to prove the nature of injury/injuries received by him nor any medical bills were produced. His income was not proved. He remained hospitalized only for four days but it was also not proved what kind of treatment was imparted to him and what were the injuries. Whether the injuries were on any vital part of the body, whether there was any fracture or the injury was simple, nothing was proved.

4. In the given facts and circumstances, the accident having occurred in 1992, it is felt that sufficient amount was awarded to the appellant in the

ISHWAR SINGH GARHWAL 2015.10.21 14:46 I attest to the accuracy and authenticity of this document

FAO No.2450 of 2001 (O&M)

absence of proper evidence. Keeping in view the price index during those days,

the amount awarded was certainly not inadequate.

5. The appeal is dismissed.

(NAVITA SINGH) JUDGE

16.10.2015 Ishwar

Whether to be referred to reporter: Yes/No