FAO No. 633 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 633 of 2008
Date of decision : 17.12.2008
Sukhjit Singh and another
....Appellants
Versus
Dalbir Singh & another.
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present : Mr.Sandeep Bansal, Advocate
for the appellants.
...
MAHESH GROVER, J.
The only ground that has been raised in the present
appeal by way of a challenge to the award of the Motor Accident
Claims Tribunal dated 2.4.2007 is that there was no finding recorded
regarding the negligence of the driver of the vehicle and that the
quantum of compensation assessed is on the higher side.
After hearing the learned counsel for the appellants, I am
of the opinion that both the contentions raised by the learned counsel
are misplaced. In para 8 of the award the Tribunal has categorically
dealt with the issue and has observed that the plea taken up by the
appellant-driver was that the accident had taken place on account of
the failure of the steering wheel. However, no evidence was produced
in this regard. The appellant-driver stands challaned by the police and
FAO No. 633 of 2008 -2-
is facing criminal prosecution. In proceedings before a Tribunal
which are in the nature of an inquiry, this is a sufficient indicator of
the involvement of the vehicle as also prima facie account of the
negligence of the driver as report under Section 173 Cr.P.C.
submitted by the police is based on independent investigation.
Accordingly, there is no infirmity in the findings
recorded by the Tribunal.
In so far as the quantum of compensation is concerned, a
child of three years died and in these circumstances the compensation
of Rs.1,27,000/- cannot be termed to be excessive by any stretch of
imagination.
Appeal dismissed.
17.12.2008 (MAHESH GROVER) dss JUDGE