FAO No. 5974 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5974 of 2011 (O&M) Date of decision: 20.9.2011 United India Insurance Company Ltd. ...Appellant Versus Parshotam Lal and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Paul S.Saini, Advocate for the appellant *** JITENDRA CHAUHAN, J.(Oral) The present appeal has been filed by Insurance Company against the award dated 11.5.2011 passed by the learned Motor Accident Claims Tribunal, Patiala (for short to be referred as 'the Tribunal'), vide which the claim petition was allowed. Shortly put, the facts of the case are that on 18.5.2008, when the claimant-injured alongwith some other persons was clearing a tree, which had fallen on Ghanaur-Shambu road, a maruti car bearing registration No.PB-39B-7404 driven by Bachhiter Singh in a rash and negligent manner, hit the claimant. As a result, the claimant suffered serious injuries. He was rushed to the Civil Hospital, Ghanaur, but due to his serious condition, he was referred to Rajendra Hospital, Patiala and thereafter, he was referred to PGI, Chandigarh. He remained admitted in PGI upto 5.6.2008. The claimant-injured filed a claim petition, which was FAO No. 5974 of 2011 (O&M) 2 allowed and the learned Tribunal awarded a sum of `4,60,559/- as compensation. Being undaunted and dissatisfied with the award, appellant- Insurance Company has challenged the same by filing the present appeal. Learned counsel for the appellant contends that the compensation awarded under the head of loss of enjoyment of amenities of life due to the injuries suffered in the accident is on the higher side keeping in view the compensation already granted under the head of loss of memory and permanent disability. He further submits that the negligence on the part of the driver of the car has not been proved. I have heard learned counsel for the appellant and have gone through the case file with due care and circumspection. The claimant has suffered 37% disability, which is evident from the disability certificate issued and testified by Dr.Pardeep Arora, PW5. PW4- Dr. Sushil Chaudhary has also testified that the claimant had suffered a fracture -tibia in the right side, which was operated and plating was done for fracture. The claimant has become paraplegic and due to this, he will remain immobile and would not lead a comfortable life. As such, the amount awarded under the heads of loss of enjoyment, loss of memory and permanent disability is adequate. Regarding the contention of negligence, it is proved on record from the statement of Sohan Lal, who was an eye witness and examined as PW2 that the accident occurred due to the rash and negligent driving of the driver of the offending car. FAO No. 5974 of 2011 (O&M) 3 As a sequel to the above discussion, no interference is warranted in the well reasoned findings recorded by learned Tribunal and as such, the present appeal being bereft of any merit is dismissed in limine. 20.09.2011 (JITENDRA CHAUHAN) gsv JUDGE