In the High Court of Punjab and Haryana at Chandigarh
F.A.O. No. 4788 of 2004
Date of decision: October 27, 2009
Noor Hussain
.. Appellant
Vs.
Davinder @ Bunti and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. Parminder Singh, Advocate for the appellant.
None for the respondents.
A.N. Jindal, J
Challenge in this appeal is made to the order dated 20.5.2004
passed by the Motor Accident Claims Tribunal, Panchkula, dismissing the
claim petition of the appellant-claimant.
The accident in this case took place on 22.5.1996 when the
claimant was going on his motor cycle bearing registration No.HYE-8524 to
Panchkula to sell milk, when the respondent No.1 while driving car bearing
registration No.HR-3D-7707 rashly and negligently struck against him and
caused injuries. The claim petition was dismissed by the Motor Accident
Claims Tribunal Panchkula, vide its order dated 28.5.2004.
Heard.
Neither any FIR, nor any DDR was recorded regarding rash
and negligent act of the respondent No.1. The claim petition has been filed
after more than 5- ½ years i.e. on 24.11.2002. He also did not file any
complaint and reported the matter to any of the higher authorities. He also
did not inform the insurer of the motor cycle or the offending vehicle about
the accident. Thus, the Tribunal was right in disbelieving the testimony of
Alizan (PW3) who has been imported as an eye witness to the occurrence.
No grounds to interfere.
Dismissed.
October 27, 2009 (A.N. Jindal) deepak Judge