In the High Court for the States of Punjab and Haryana at Chandigarh
...
FAO No. 372 of 2000
Date of decision: August 13, 2009
Shiv Lal and another ..Appellants
Versus
Smt. Rajjan and others
..Respondents
Coram: Hon’ble Mr. Justice Rakesh Kumar Garg
Present: Mr. Sudhir Aggarwal, Advocate
for the petitioner.
,,,
Rakesh Kumar Garg, J(Oral)
C.M.No. 1429-CII of 2009
For the reasons mentioned in the application, order dated
1.12.2008 dismissing the appeal in default is recalled and the appeal is restored
to its original number.
FAO No. 372 of 2000
This appeal has been filed by the owners of Truck No. DEG-2439
against the award of the Motor Accident Claims Tribunal, Gurgaon, whereby an
amount of Rs. 1,92,000/- along with interest at the rate of 12 % per annum from
the date of petition till realization has been granted in favour of claimants while
deciding the claim application. The Tribunal has held that from the evidence
adduced on record, it is fully established that death of Laxman was caused on
account of rash and negligent driving of truck No. DEG 2439 of the appellant.
I have heard learned counsel for the appellants. The Tribunal has
recorded a finding of fact on appreciation of evidence. Learned counsel for the
appellants was unable to point out any material evidence which was not
considered by the Tribunal while recording the aforesaid finding against the
appellants.
Thus, I find no ground to interfere in the impugned award.
No merits. Dismissed.
August 13, 2009 (RAKESH KUMAR GARG)
nk JUDGE