IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.4790 of 2009(O&M)
Date of decision: 5.10.2009
Union of India and others ......Appellant(s)
Versus
Vikas Gupta and others ......Respondent(s)
CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Gurpreet Singh, Advocate for the appellants.
Rakesh Kumar Garg, J.(Oral)
CM No.23184-CII of 2009
For the reasons mentioned in the application, delay of 33 days
in filing this appeal is condoned.
CM stands disposed of.
FAO No.4790 of 2009(O&M)
This is owner’s appeal challenging the impugned award
whereby the claimant-respondent No.1 has been awarded compensation
on account of injuries suffered by him due to rash and negligent driving by
the driver of the offending vehicle.
The only contention raised by the appellants is that finding of
the Tribunal on the issue of negligence of the driver of the appellants is
erroenous and is liable to be set aside/reversed in their favour.
I have perused the impugned award and find that the Tribunal
on appreciation of evidence on record has recorded a finding of fact that
the accident in question was caused due to rash and negligent driving of
the driver of the offending truck of the appellants. There is nothing on
record to show that the aforesaid findings are contrary to the record or
perverse in any manner. Even learned counsel for the appellants could not
point out any evidence on record which has been ignored by the Tribunal
FAO No.4790 of 2009(O&M) -2-
while reaching the aforesaid conclusion on the aforesaid issue.
No other point has been urged.
Thus, I find no merit in this appeal.
Dismissed.
October 5, 2009 (RAKESH KUMAR GARG) ps JUDGE