Punjab-Haryana High Court
Sukhbir vs Dilbag Singh And Ors on 3 July, 2024
Neutral Citation No:=2024:PHHC:082038
FAO-5689-2005 1
211
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO-5689-2005
Date of Decision:03.07.2024
SUKHBIR ......... Appellant
Versus
DILBAG SINGH AND ORS. ..... Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : Mr. Rajat Mor, Advocate
for the Appellant.
Mr. Neeraj Khanna, Advocate
for the respondents.
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JAGMOHAN BANSAL, J. (Oral)
1. The appellant through instant appeal is seeking enhancement of compensation awarded by Motor Vehicle Accident Claims Tribunal, Hisar vide order dated 05.09.2005.
2. The appellant concededly suffered 30% permanent visual disability in a motor vehicle accident. He filed a claim petition before Tribunal in terms of Section 163-A of Motor Vehicle Act, 1988 (for short '1988 Act'). At the time of accident as well as passing of order by Tribunal, a sum of `1 lakh was prescribed for every claim under Section 163-A of 1988 Act. Section 163-A of 1988 Act has been omitted vide Motor Vehicles (Amendment) Act, 2019 and Section 164 has been introduced. As per Section 164 of 1988 Act, claimant qua permanent disability is entitled to a sum of `2.5 lakh.
3. Mr. Rajat Mor, Advocate submits that in view of judgment dated 23.01.2024 passed by this Court in FAO No.5204 of 2006 titled as 1 of 2 ::: Downloaded on - 21-07-2024 12:33:56 ::: Neutral Citation No:=2024:PHHC:082038 FAO-5689-2005 2 'Chhailu and another Vs. Ashok Kumar and another', appellant is entitled to compensation as per newly introduced Section 164.
4. Mr. Neeraj Khanna, Advocate expressed his inability to controvert the fact that Coordinate Bench relying upon judgment of Supreme Court in 'Ram Murti and other Vs. Punjab State Electricity Board' [2023 ACJ 631] has awarded compensation as per amended section.
5. In the wake of statement of both sides and order dated 23.01.2024 passed by this Court in FAO No.5204 of 2006, the amount of compensation awarded to appellant is enhanced from `1 lakh to `2.5 lakh. He shall be entitled to interest on the enhanced amount @ of 6% per annum from the date of filing claim petition till the realization of amount.
6. Disposed of.
( JAGMOHAN BANSAL )
JUDGE
03.07.2024
Ali
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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