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1979 Supreme(P&H) 200

HARBANS LAL
Chanan Singh – Appellant
Versus
Tara Singh – Respondent


Judgment

1. Vide my order dated Oct. 25, 1979 I had allowed the appeal of the claimant and awarded compensation for Rs. 1,250/- for the injuries caused to him, arising out of the accident. The claim regarding damages due to the death of the two bullocks and damage to the cart was, however, declined on the ground that the claim petition, regarding the same was not maintainable before the Tribunal under Section 110 of the Act as in force at the time of the accident. In fact, the learned counsel for the appellant had also conceded the proposition of law in this regard. The said judgement was dictated in Court. However, a little time later, Shri H.S. Sangha, learned counsel for the appellant met me in the chamber and brought to my notice judgement of Bhopinder Singh Dhillon, J. reported as Union of India V/s. Bakhtawar Singh, 1978 80 Pun LR 558 according to which, the Tribunal was within its jurisdiction to allow compensation as regards the damage to the property even in those cases where the accident had taken place before the amendment of S.110(1) of the Act. Consequently and in the interest of justice, I have reheard arguments on this point.

Section 110(1) of the Act is to the follow







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