High Court of Punjab and HaryanaFAO/2665/2000dismissed

(O&M)Nayub Khan v. Gulla And ORS.

2018-02-20Mrs. Justice Raj Rahul Garg2 pages

F.A.O No. 2665 of 2000 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 2665 of 2000 Date of decision:- 20.02.2018 Nayub Khan ...Appellant

Versus

Gulla and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the appellant Mr. Vinod Chaudhary, Advocate for the respondent-Insurance company RITU BAHRI J. (Oral) 1.

The present appeal has been preferred by the claimantappellant, seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal') to the tune of Rs.10,000/- vide impugned award dated 27.07.2000 in a claim petition No. 145-1999 filed by the present appellant on account of the injuries suffered by him in a road accident, which took place on 13.01.1996 wherein one jeep bearing registration No. DL-4-CC-8846 struck against the cycle of the appellant and due to that he suffered injuries. F.I.R was registered against the driver of the jeep. 3.

The learned Tribunal awarded Rs.10,000/- compensation to the appellant as P.W.2 Dr. K.L. Sachdeva stated that he charged Rs.250 for P.O.P cast and used to charge Rs.40/- for each visit. The appellant has not been able to show that he had spent Rs.50,000/- to Rs.60,000/- on his treatment. He has not produced any bills. The appellant had suffered fracture of both bones of right fore-arm besides this he has not suffered any injury.

Gaurav Arora 2018.02.26 10:10 I attest to the accuracy and integrity of this document Chandigarh

F.A.O No. 2665 of 2000 -2In view of the above factual position, the compensation of Rs.10,000/- has rightly been awarded by the Tribunal, as the appellant has not placed on record any other evidence that he had spent Rs.50,000/- to Rs.60,000/- on his treatment.

Thus, the impugned award dated 27.07.2000 passed by the Tribunal does not require any interference.

The appeal is dismissed.

20.02.2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.02.26 10:10 I attest to the accuracy and integrity of this document Chandigarh