INDIRA BANERJEE, J. K. MAHESHWARI
Abhimanyu Partap Singh – Appellant
Versus
Namita Sekhon – Respondent
JUDGMENT
J.K. Maheshwari, J.
Leave granted.
2. The instant appeal arises out of the judgment dated 21.05.2019 passed by the Single Judge of the High Court of Punjab and Haryana at Chandigarh in First Appeal Order No.4829 of 2002 preferred by the claimant/appellant (hereinafter to be referred to as "claimant"), whereby the said appeal was partly allowed and the compensation granted to the tune of Rs. 9,00,000/- by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred to as "MACT") in MACT Case No. 29 of 1997 was enhanced to Rs. 23,20,000/-.
3. The claimant filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (in short "M.V. Act") asking compensation to the tune of Rs. 200,000,00/- (two crores only) in various heads on account of permanent disability caused to him arising out of a road accident occurred on 10.11.1996, for which FIR was lodged on 11.11.1996. At the time of accident, claimant was five and half years of age and a student of UKG, suffered multiple injuries like cerebral edema/brain edema, fracture right part of temporal bone, spinal cord, lower limbs, due to which he was having loss of speech, convulsions, injuries on face. The lowe
Kajal vs. Jagdish Chand and others
Jagadish vs. Mohan and Others (2018) 4 SCC 571 – Referred [Para 8]
NIC Vs. Pranay Sethi and Others (2017) 16 SCC 680 – Referred [Para 8]
H. West & Son Ltd. vs. Shephard 1964 AC 326 – Relied [Para 11]
Ward vs. James (1966) 1 QB 273 – Relied [Para 11]
R.D. Hattangadi vs. Pest Control (India) (P) Ltd. (1995) 1 SCC 551 – Relied [Para 12]
Raj Kumar vs. Ajay Kumar and another (2011) 1 SCC 343 – Relied [Para 12]
National Insurance Company Limited vs. Pranay Sethi & Others (2017) 16 SCC 680 – Relied [Para 15]
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