High Court Punjab-Haryana High Court

Lajwant Singh vs State Of Punjab & Others on 10 December, 2008

Punjab-Haryana High Court
Lajwant Singh vs State Of Punjab & Others on 10 December, 2008
FAO No.1211 of 2002                          1




    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.


                                 FAO No.1211 of 2002
                                 Date of decision: December 10, 2008


Lajwant Singh                                        ...Appellant

                           Versus

State of Punjab & others                             ...Respondents


CORAM:         HON'BLE MR. JUSTICE RAJAN GUPTA


Present:       Mr. Saurabh Goel, Advocate, for the appellant.
               Mr. Yatinder Sharma, DAG, Punjab.


Rajan Gupta, J.

This appeal has been preferred against the award dated 30th

August, 2001, whereby the Motor Accident Claims Tribunal,

Hoshiarpur rejected the claim of the appellant for compensation in

respect of loss caused to his Auto Rickshaw bearing No. PB-07-C-4389.

The claim arises out of an accident which occurred on 15th

December, 1997 between the aforesaid Auto Rickshaw and a bus

belonging to Punjab Roadways bearing No. PB-12-C-9754. Three

occupants of the Auto Rickshaw died in the accident. The claim

petitions were filed in respect of the deceased and compensation was

granted to them as negligent driving of the driver of bus stood

established.

FAO No.1211 of 2002 2

The appellant in the present case, however, claimed

compensation only in respect of damage caused to the Auto Rickshaw.

This claim was, however, declined by the court below on the ground

that the claim petition was preferred after almost two years of the

accident, no effort was made to get the Auto Rickshaw released on

spurdari, the vehicle was not insured and the evidence of the witnesses

who deposed for the claimant, was found doubtful.

I have heard learned counsel for the parties.

Learned counsel for the appellant has assailed the award on

the ground that evidence of AW1, AW2 and AW3 had been wrongly

disbelieved by the court below. AW2 and AW3 were the mechanics of

sufficient experience and had deposed in detail regarding the damage

caused to the Auto Rickshaw.

After giving careful thought to the case, I am of the

considered view that evidence of AW2 and AW3 inspires no

confidence. AW2 deposed in his cross-examination that he had not

brought any receipt book to show that he was paid Rs.4000/- as labour

for repairing the Auto Rickshaw. AW3 admitted in his cross-

examination that he had neither inspected the three-wheeler nor he had

prepared any estimate in writing. He also admitted that he was not an

authorized dealer. This apart, while the ownership of the vehicle was

shown in the name of the appellant Lajwant Singh, the insurance policy,

which was produced in court, was in the name of Jagdish Kumar.
FAO No.1211 of 2002 3

In view of the serious discrepancies in the evidence of the

witnesses, I do not find it a fit case for interference in appeal. The same

is hereby dismissed.

(RAJAN GUPTA)
JUDGE
December 10, 2008
‘rajpal’