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2015 Supreme(Del) 2173

PRATIBHA RANI
PWI NORTHERN RAILWAY – Appellant
Versus
JAI KARAN @ NAND LAL – Respondent


Advocates:
Advocate Appeared:
Mr. Jagjit Singh , Senior Standing Cousnel with Mr. Shivanshu Bajpai, Advocate.
Ms. Nidhi Tyagi, Advocate proxy counsel.

JUDGMENT

PRATIBHA RANI, J.

1. The appellant before this Court is Permanent Way Inspector, Northern Railway who has challenged the award dated 23.07.2011 passed by the Tribunal in Claim Petition No.438/2010 whereby compensation of Rs.2,31,334/- alongwith interest @ 7.5% p.a. from the date of filing the petition till its realisation, was awarded to the injured/respondent No.1 namely Jai Karan @ Nand Lal. Respondent No.2 namely Devi Deen is the driver of the offending vehicle i.e. truck No.HYO 4383 owned by the appellant.

2. Following two contentions have been raised by Sh.Jagjit Singh, Advocate for the appellant:-

(i) There is discrepancy in the name and parentage of the injured and even in the MLC prepared at Aruna Asaf Ali Hospital shows the name of the patient as Nand Lal but the election identity card produced by the injured shows his name as Jai Karan Bind. Thus, there is no evidence to prove that Jai Karan Bind and Nand Lal are one and the same person or that the treatment record pertains to the claimant Jai Karan Bind @ Nand Lal.

(ii) The disability certificate proved the disab























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