C.M. No.2735-CII of 2009 and FAO No. 714 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No.2735-CII of 2009 and FAO No. 714 of 2009. Date of decision:- 06.02.2009. State of Haryana and another ...Applicant-appellants. Versus Mohinder Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Ms. Kirti Singh, AAG Haryana for the applicants-appellants. JASWANT SINGH J.(Oral) The present appeal has been filed by the State against the order dated 31.05.2008 passed by the learned Motor Accident Claims Tribunal, Ambala, whereby a sum of Rs.11,000/- has been granted as compensation to the respondent-claimant-Mohinder Singh due to the injuries suffered while travelling as a passenger in the bus, owned by Haryana Roadways Depot, Ambala, involved in the accident. It is apparent from the record that the said Mohinder Singh on 04.02.2003 was travelling alongwith his wife from Ambala Cantt. to his Village Dhamoli Majri in Haryana Roadways Bus bearing registration No.HR-01-P-1063 and the said bus was being driven by driver Didar Singh- proforma respondent, in rash and negligent manner. When the bus reached near Village Khudda Kalan, it swerved towards the right side and hit against an eucalyptus tree. Mohinder Singh and his wife sustained grievous injuries. Mohinder Singh was operated for fixator on left leg and he C.M. No.2735-CII of 2009 and FAO No. 714 of 2009 -2- remained in hospital for a period of one month. However, his condition did not improve, so, the amputation of second, third and fourth toe of left foot was conducted and finally his leg was amputated. The compensation on account of amputation of leg was denied by the learned Motor Accident Claims Tribunal as it was found that Mohinder Singh was suffering from 'Burger's disease' and therefore was not caused as a result of the accident. It was not disputed that the actual medical expenses were reimbursed by his employer i.e. Military Dairy Farm, Ambala Cantt. and therefore only a sum of Rs.11,000/- as compensation was awarded alongwith 7% interest per annum from the date of petition till realization of the compensation with cost of Rs.500/-, in view of the shock, inconvenience trauma etc. The respondent No.2-Insurance Company was exempted from its liability to pay compensation as the appellants-respondents had failed to produce any driving license of the driver-Didar Singh. I have heard learned counsel for the appellants. The sole contention raised by the appellants is that the learned Motor Accident Claims Tribunal has wrongly exempted the Insurance Company from its liability to pay the compensation as there was a presumption that the driver Didar Singh had a driving license being employed as a driver with the Haryana Roadways. In my opinion, the contention is bereft of any merit. It is apparent from the record that driver-Didar Singh evaded the proceedings before the learned Motor Accident Claims Tribunal, Ambala. The appellant Haryana Roadways also did not take any steps to produce the driving license of its employee-driver, whose record with a copy of driving license, admittedly (admitted by the counsel at the time of arguments), would be C.M. No.2735-CII of 2009 and FAO No. 714 of 2009 -3- available with them. It is further evident that the appellants made no efforts to ensure the presence of the said driver before the learned Tribunal. It further appears that no action has been taken against him for his conduct, which has resulted into the appellants being fastened with the liability. Even otherwise, the amount of Rs.11,000/- only appears to be just and equitable in the facts of the case. In view of the above facts and circumstances of the case, I find no legal infirmity in the impugned order dated 31.05.2008, passed by the learned Tribunal. Dismissed in limni. There is delay of 148 days in filing the appeal, for which an application under Section 5 of the Limitation Act has been filed. Since the appeal stands dismissed on merits, no orders are required to be passed in this application. February 6, 2009 (JASWANT SINGH) vj JUDGE