Aakash v. Rajesh & ORS

FAO No. 4431 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4431 of 2017 Date of decision:- 14.08.2019 Aakash ...Appellant

Versus

Rajesh and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the appellant.

RITU BAHRI J. (Oral) The present appeal has been preferred by the injured-appellant (for short 'the appellant'), against award dated 06.02.2017 passed by the learned Motor Accident Claims Tribunal, Sonepat (for short, 'the Tribunal') whereby claimant was awarded compensation to the tune of Rs.1,08,000/- on account of injuries suffered by the appellant in an accident on 01.07.2015 when the claimant along with his mother Smt Anita had started his journey from Narnaul to Rewari in Haryana Roadways bus bearing registration No. HR-66-A-5376, which was being driven by respondent No. 1 in a rash and negligent manner. When the vehicle reached in the area of Ateli, the offending vehicle collided with a tree standing on the roadside and due to this impact, the appellant suffering grievous injuries on his person.

The claimant was shifted to Ateli Hospital, District Mahindergarh from where he was referred to General Hospital, Narnaul. The accident was duly proved as F.I.R has been duly registered and the version of F.I.R has been duly supported and corroborated by P.W.1 and P.W.2. The claimants has produced the medical bills Ex P-3 to P-21 The Tribunal awarded the compensation to the claimant as Gaurav Arora 2019.08.

FAO No. 4431 of 2017 -2mentioned below:- On account of medical expenses Rs.70600/- Pain and suffering Rs.10,000/- Loss of income during the Rs.12,000/- treatment period Transportation Rs.5000/- Attendant Charges Rs.5,000/- Special Diet Rs.5,000/- Total Rs.1,07,600/- (rounded off toRs.1,08,000/-) After going through the contents of the appeal and going through the award passed by the Tribunal, the present appeal is liable to be dismissed, as the appellant in the present case has not suffered any disability and he has not proved on record any disability certificate. The appellant has further not examined any doctor or other medical expert to show that he has suffered grievous injuries.

Keeping in view the above fact, the present appeal is dismissed being devoid of any merits.

14.08.2019 ( RITU BAHRI ) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.08.22 15:50 I attest to the accuracy and integrity of this document Chandigarh