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2010 Supreme(P&H) 3362

K.KANNAN
Gurmej Singh – Appellant
Versus
Vijay Kumar – Respondent


Judgment

K.Kannan, J.

1. The appeal is for enhancement of compensation for injuries sustained by Hawaldar in an Indian army, who also was a para trooper and a commando. The accident took place on a collision with the Haryana Roadways when the claimant was travelling in the army jeep. The Tribunal, on finding that it was a case on head-on collision, found that the responsibility must have been on both vehicles and apportioned the liability of the driver of the army jeep at 40% and 60% responsibility for the driver of the Haryana Roadways. As regards the injuries sustained, there had been substantial evidence. It could be seen that he was initially admitted in the hospital at Ambala and later brought to Chandimandir Army Hospital. He had fairly a long period of hospitalization lasting over 80 days. The Tribunal determined an overall compensation of Rs.5,60,000/- but awarded 60% of the same and cast an abatement to the extent of 40% for the negligence of the driver of the vehicle in which he was travelling.

2. The manner of determination of compensation as undertaken by the Tribunal leaves much to be desired. It is expected that in every case relating to injury the Tribunal shall make







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