IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.1281 of 2008(O&M)
Date of decision: 19.8.2009
Veer Singh ......Appellant(s)
Versus
Joginder Singh and others ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Kamal Narula, Advocate for the appellant.
Rakesh Kumar Garg, J.
This is owner’s appeal challenging the impugned award
whereby claim petition filed by respondent No.1 for grant of compensation
for the injuries suffered by him in a motor vehicular accident caused on
11.11.2005 due to rash and negligent driving of Tempo Trax Jeep No.PB-
05L-6407 by respondent No.2, was allowed and the respondent-claimant
was held entitled to recover compensation of Rs.85,293/-.
As per the averments made in the claim petition, on
11.11.2005, the respondent-claimant along with his friend Ramesh Singh
was going on a motorcycle bearing registration No.PB-05-2999 and at
about 4.15. p.m when he reached near the area of bus stand Tillu Arajan,
the offending vehicle came from the opposite side behind the truck being
driven by Baldev Singh-respondent No.1 at a very high speed. While
overtaking the above referred truck, offending vehicle struck against the
motorcycle of the claimant as a result of which they both fell down and
received injuries. After causing the accident, Baldev Singh, driver of the
offending vehicle ran away from the spot along with the offending vehicle.
The respondent-claimant was got admitted in the Civil Hospital, Jallalabd
and thereafter he was admitted in Dhillon Hospital Malwal Road, Ferozepur
City. An FIR No.189 dated 12.11.2005 was also registered with regard to
the accident on the basis of statement of Ramesh Singh. Thus, the
respondent-claimant claimed compensation to the tune of Rs.5,00,000/- on
account of the injuries suffered by him in the aforesaid vehicular accident.
Upon notice, separate replies were filed by the appellant and
respondent No.2 and the driver, wherein the allegations made in the claim
petition were denied and it was stated that no accident ever took place
between the motorcycle of the respondent-claimant and the offending
vehicle. However, it was admitted that the appellant was the owner of the
offending vehicle. The Tribunal on appreciation of evidence held that the
claimant-Joginder Singh was injured in the motor vehicular accident
caused on 11.11.2005 due to rash and negligent driving of Tempo Trax
Jeep No.PB-05L-6407 by respondent No.2-Baldev Singh and determined
compensation of amount of Rs.85,293/- payable to the respondent-
claimant.
Challenging the findings of the Tribunal on issue No.1, learned
counsel for the appellant has vehemently argued that the impugned award
is erroneous as no such accident took place with the vehicle of the
appellant and the Tribunal has failed to appreciate the evidence produced
by the appellant and therefore, the aforesaid findings of the Tribunal are
liable to be set aside and the claim petition liable to be dismissed. In
support of his contention, learned counsel for the appellant has referred to
the statement of RW-3 Ramesh Singh, who was the friend of the
respondent-claimant, who while appearing as RW-3 has stated that no
accident took place of the said motorcycle i.e. bearing registration No.PB-
05L-2999 with the offending vehicle.
I have heard learned counsel for the appellant and have gone
through the record of this appeal.
While discussing the evidence on record, the Tribunal has
observed that RW-2 Baldev Singh, driver of the offending vehicle, has
admitted that he was facing the trial in case FIR No.189 dated 12.11.2005
under Sections 279, 337, 338 and 427 IPC. Admittedly, no application or
complaint has been filed by the appellant or the driver of the vehicle with
the authorities that the FIR had been falsely registered against him. In the
evidence of RW-1 Vir Singh- appellant, it had come that Ramesh Singh
RW-3 had also filed similar claim case under the Motor Accident Claims
Tribunal, which was withdrawn by him as the appellant had compromised
with him. Not only this, RW-3 had also admitted that he along with the
respondent-claimant was admitted in the Civil Hospital for treatment of their
injuries. Thus, considering the whole of the evidence on record, the
Tribunal has recorded a finding of fact that the respondent-claimant
suffered injuries in the motor vehicular accident caused due to rash and
negligent driving of Tempo Trax Jeep No.PB-05L-6407 by the respondent-
Baldev Singh. No material evidence has been pointed out which has been
ignored by the Tribunal while returning the findings against the appellant.
Thus, no fault can be found with the finding of fact recorded by the Tribunal
with regard to accident in question.
No other point was urged in this appeal.
Thus, I find no merit in this appeal.
Dismissed.
August 19, 2009 (RAKESH KUMAR GARG) ps JUDGE