FAO No.855 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.855 of 2009
Date of Decision:01.07.2009
Maya Devi
....appellant
Versus
Nirmal Singh & Ors.
.....respondents
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr.R.S.Mamli,Advocate
for the appellant
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RAKESH KUMAR GARG J.
This is claimant’s appeal challenging the Award dated
18.11.2008 passed by MACT(Fast Track Court) Kurukshetra in MACT
Case No.73 of 2008, on the ground of inadequacy of the compensation
granted to her, for the injuries suffered by her in the motor vehicle accident
while travelling in Bus No.PB-10AP-0677 due to the rash and negligent
driving of respondent No.1.
On appreciation of evidence, the Tribunal vide impugned
Award held that the accident was the result of rash and negligent driving of
Bus No. PB-10AP-0677 by respondent No.1. However, while granting a
total sum of Rs.5000/- as compensation to the appellant the Tribunal held
that it was not proved that injury suffered by Maya Devi-appellant was
grievous and found that she spent only a sum of Rs.1050/- on her
treatment.
Challenging the impugned Award, learned counsel for the
appellant has vehemently argued that the compensation granted to the
appellant by the Tribunal was inadequate and the same deserves to be
enhanced to a respectable amount.
FAO No.855 of 2009 2
I have heard learned counsel for the appellant and perused
the impugned Award.
As per her own case, the appellant had a chest injury and
was admitted in the Civil Hospital on 28.03.2006 and after treatment, was
discharged on 30.03.2006 and she was charged an amount of Rs.1050/-
as per bill Ex.P-1. The appellant has not placed on record any other
evidence to prove any other expenditure made by her on her treatment.
She also failed to prove the injuries on her body. Thus, in the absence of
any evidence brought on record in support of the case by the appellant, I
find no reason to interfere in the findings recorded by the Tribunal.
Dismissed.
(RAKESH KUMAR GARG)
JUDGE
01.07.2009
neenu