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2014 Supreme(P&H) 1648

JITENDRA CHAUHAN
Taranjit Kaur – Appellant
Versus
Subhash Chand – Respondent


Advocates Appeared:
For the Appellant : Amit Jaiswal
For the Respondent: Rajneesh Malhotra

JUDGMENT :

Jitendra Chauhan, J.

The present appeal has been filed by the injured-claimant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Ambala, ('the Tribunal', for brevity) vide award dated 30.11.2011 The learned counsel for the appellant contends that the respondent-Insurance Company has been exonerated only on the ground that the offending vehicle was carrying temporary registration number beyond the expiry of one month from its purchase. It is submitted that the Insurance Policy, Ex. R-6, was valid from 01.08.2006 to 31.07.2007, whereas the accident took place on 10.11.2006. The registration certificate was issued on 04.05.2007. Therefore, the Insurance Company was liable to satisfy the award, at least in the first instance. He cites New India Assurance Co. Ltd. Vs. Tek Chand Gupta and others (2011) ACJ 2468.

2. The learned counsel further contends that the appellant suffered compound fracture dislocation of right ankle bone. She was operated upon on 10.11.2006 and discharged on 25.11.2006. She suffered permanent disability to the extent of 5% qua the limb. The compensation awarded by the learned Tribunal is on the lower










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