← Library
High Court of Punjab and HaryanaFAO/2688/2011disposed of

(O&M) Pardeep Kumar And ORS v. Yunus Khan And ORS

2024-01-29Mrs. Justice Alka Sarin2 pages

FAO No.2688 of 2011 2024:PHHC:011813 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R-567 FAO No.2688 of 2011 Date of Decision : 29.01.2024 Pardeep Kumar and Others ....Appellants

VERSUS

Yunus Khan and Others ....Respondents R-567-1 FAO No.2689 of 2011 Hussain Mohd. @ Mohd. Hussain ....Appellant

VERSUS

Yunus Khan and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Ashish Gupta, Advocate for the appellants in both the appeals.

None for respondent Nos.1 and 2.

Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate for respondent No.3-Insurance Company in both the appeals. ALKA SARIN, J. (Oral) 1.

This common order will dispose off both the above captioned appeals being FAO-2688-2011 and FAO-2689-2011, which have been preferred by the injured-appellants against the award dated 03.12.2010 passed by the Motor Accident Claims Tribunal, Nuh (hereinafter referred to as the 'Tribunal') whereby the claim petitions filed by the injured-appellants were dismissed.

2.

Learned counsel for the injured-appellants would contend that the accident in the present case occurred on 28.11.2008 and as per the JITENDER KUMAR 2024.01.30 09:20 I attest to the accuracy and integrity of this order/judgment Chandigarh

FAO No.2688 of 2011 2024:PHHC:011813 -2medico-legal report, which was recorded on 28.11.2008 (Ex.PW5/10), the injured were taken to the Civil Hospital. It has been recorded in the MLR that there was a roadside accident on Biwan Road near Islamic Madrasa. Learned counsel for the injured-appellants would further contend that some of the injured remained hospitalized for a long period. It is further the contention that it has erroneously been noted by the Tribunal that the MLR of the injured was conducted on 25.12.2008 which is totally contrary to the record.

3.

Learned counsel appearing on behalf of respondent No.3Insurance Company is not in a position to deny the fact that the MLR (Ex.PW5/10) was recorded on 28.11.2008 i.e. the same date as the accident though the FIR was registered after one month. 4.

In view of the obvious error on the face of it, the award dated 03.12.2010 cannot be sustained and the same is accordingly set aside. The matter is remanded back to the Tribunal concerned for decision afresh in accordance with the law. The parties are directed to appear before the Tribunal on 26.02.2024 at 10.00 am.

5.

Disposed off. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 29.01.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.01.30 09:20 I attest to the accuracy and integrity of this order/judgment Chandigarh