FAO No. 1106 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 1106 of 2010 (O&M) Date of decision : 15.7.2010 Rajender Kumar Verma ... Appellant vs Manohar Lal and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajeev Godara, Advocate, for the appellant. Rajesh Bindal J. Challenge in the present appeal is to the award of the learned Motor Accident Claims Tribunal (Fast Track Court), Sirsa (hereinafter to be referred as “the Tribunal”), whereby the claim petition of the appellant was dismissed. The brief facts of the case are that on 30.8.2007, the appellant along with his wife was going to Jammu from Sirsa on bus bearing no. HR-57/1364. The bus was being driven by respondent no. 1 in rash and negligent manner. When the bus reached in the area of Village Farwai Kalan, then the driver of the bus without caring for the speed breaker jumped the bus from it due to which the right hand finger of the appellant entered in his right eye. As a result of the injury, the appellant lost sight of his right eye permanently. FIR No. 2997 dated 11.10.2007 under Sections 279/337/338 IPC was got registered at Police Station Sadar, Sirsa, against the driver of the bus. The claim petition filed by the appellant was dismissed as he could not prove his case which resulted into filing of the present appeal. Learned counsel for the appellant submitted that the appellant has spent more than ` 1,50,000/- on his treatment, but the learned Tribunal totally ignored documentary as well as the oral evidence. The appellant took treatment during 3.9.2007 to 7.9.2007 from Dr. O. P. Chaudhary. Thereafter, he got his treatment from Dr. Parveen from 8.9.2007 to 26.9.2007. It was also submitted that Dr. Parveen also replaced his damaged right eye, which was donated by Lions Eye Bank Society but that operation was not successful. As the eye sight could not be recovered from the earlier treatment, he got the treatment from Dr. D. P. Kaar of Baba Behari Netraliya Charitable Hospital, Sirsa. The appellant was medico- legally examined by doctor of General Hospital, Sirsa. The submission was that award of the learned Tribunal be set aside and the appellant be awarded compensation for the injury suffered by him. FAO No. 1106 of 2010 -2- Heard learned counsel for the appellant and perused the paper-book. As admitted by the appellant, the accident in question took place on 30.8.2007, when he and his wife were going from Sirsa to Jammu. He thereafter visited Mata Vaishnu Devi Shrine and came back. He got treatment only after returning back from there. He got himself medico-legally examined on 29.9.2007 i.e. after one month of the alleged accident. The matter was reported to the police on 11.10.2007 after about 1½ month. If a person is injured so seriously his first priority would be to seek treatment and thereafter only he would think of some other work, howsoever, urgent it may be. In the present case, the allegation of the appellant is that he was injured seriously due to rash and negligent driving of respondent no. 1 but he did not get himself treated immediately rather travelled to Mata Vaishnu Devi and returned back, which is not possible if he had actually suffered injury. The story projected by the appellant does not inspire confidence and in appreciation thereof the learned Tribunal rightly dismissed the claim petition filed by the appellant. In view of the above, it cannot be said that the Tribunal has committed any illegality in dismissing the claim of the appellant. Accordingly, the appeal is dismissed. 15.7.2010 ( Rajesh Bindal) vs. Judge