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2013 Supreme(HP) 935

DHARAM CHAND CHAUDHARY
New India Assurance Company Ltd. – Appellant
Versus
Raj Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.M. Chauhan, adv
For the Respondent: Ravinder Thakur, Mr. Vishal Panwar, adv

JUDGMENT :

Dharam Chand Chaudhary, J.

In the present writ petition, the award dated 30.6.2009, passed by learned Motor Accident Claims Tribunal-II, Solan, in claim petition No. 14-S/2 of 2005 is under challenge on the sole ground of being perverse. The petitioner admittedly insurer of the offending vehicle bearing registration No. HP-64-0400 seems to be aggrieved by the assessment of the compensation awarded by learned Motor Accident Claims Tribunal below with the help of disability certificate Ex. PW-3/A issued by Dr. Dwarka Prasad, Psychologist Kothi No. 149, Sector 48-C, Chandigarh, a private practitioner, with whom the petitioner never remained under treatment and rather as per his own case after the accident, firstly he remained under treatment in Zonal Hospital, Solan and thereafter at PGI, Chandigarh.

2. Having gone through the record and submissions made on both sides, there is no dispute so as to the accident of the vehicle i.e. Truck bearing registration No. HP-64-0400 occurred on 23rd September, 2005, near Village Dhalli, Tehsil Rajgarh, District Sirmaur. There is again no controversy so as to the fact that the claimant-1st respondent was working as cleaner with the offendi

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