New India Assurance Co vs Balwinder Singh
2024 Latest Caselaw 5853 P&H

Punjab-Haryana High Court

New India Assurance Co vs Balwinder Singh on 14 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:037192

                            692
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                         FAO-982-2013 (O&M)
                                                                         Date of decision : 14.03.2024


                            The New India Assurance Company Ltd.                          ... Appellant(s)

                                                               Versus

                            Balwinder Singh and Another                                 ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :    Mr. R.C. Gupta, Advocate for the appellant.

                                         Ms. Ravinder Kaur Manaise, Advocate for respondent No.1.

                                         Mr. Vipin Mahajan, Advocate for respondent No.2.



                            ALKA SARIN, J. (ORAL)

1. The present appeal has been preferred by the appellant-

Insurance Company challenging the award dated 18.08.2010 passed by the

Motor Accident Claims Tribunal, Gurdaspur and the order dated 18.08.2010

whereby the review application filed by the appellant-Insurance Company

was also dismissed.

2. Learned counsel for the appellant-Insurance Company has

contended that the bill of Rs.64,000/- submitted by claimant-respondent

No.1 had been calculated twice while awarding compensation in the claim

petition. It is further the contention of the learned counsel that the bill of

Rs.64,000/- was submitted by claimant-respondent No.1 separately and was

also included in the consolidated bills of treatment and medicines.

integrity of this order/judgment.

                                                                                      2024:PHHC:037192

                            FAO-982-2013 (O&M)                                                     -2-

3. Per contra the learned counsel for claimant-respondent No.1

has contended that the bills were duly proved by claimant-respondent No.1

and after considering all the bills, the Tribunal had held claimant-respondent

No.1 entitled to the compensation of Rs.3,00,000/-.

4. I have heard the learned counsel for the parties.

5. In the present case the Tribunal while awarding the

compensation had awarded the same on the basis of the bills produced by

claimant-respondent No.1. The argument of the learned counsel for the

appellant-Insurance Company that the bill of Rs.64,000/- was given

separately and was also included in the consolidated bills of treatment and

medicines cannot be accepted as there is nothing on the record to

substantiate the said argument.

6. In view of the above, I do not find any merit in the present

appeal and the same is accordingly dismissed. Pending applications, if any,

also stand disposed off.

                            14.03.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.