F.A.O. No. 4068 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 4068 of 2009 Date of decision: 14-12-2009 Meenu .........Appellant Vs Roshan Lal and Others .........Respondents CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present: Shri Pankaj Mehta, Advocate, for the appellant Shri Ravinder Arora, Advocate, for the insurance company HARBANS LAL, J. This appeal is directed against the award dated 19.9.2008 passed by the learned Motor Accident Claims Tribunal, Hissar whereby he awarded an amount of Rs.16997/- in favour of Rajesh and an amount of Rs.28,517/- in favour of Meenu appellant. The brief facts are that on 7.7.2006 Rajesh was driving motorcycle bearing registration No. HR-20 J-1250 at a moderate speed. Meenu being his friend was sitting on the pillion of the motorcycle. They were going from Hissar to Mill Gate, Hissar. Around 3.30 p.m. when Rajesh reached near Jahajpul, Hissar, meanwhile a dumper bearing registration No. HR-39-4702 which was going ahead of him and was being driven in a zig zag manner turned towards right side and struck against the motorcycle. As a result of this impact, Rajesh as well as Meenu both fell down on the road alongwith motorcycle. They received serious and grievous injuries on their bodies. In his written statement, Roshan Lal, driver of the offending F.A.O. No. 4068 of 2009 2 vehicle came up with the plea that the accident was caused due to own rash and negligent driving of the motorcyclist. Manoj Kumar owner of the offending vehicle was proceeded against exparte. The respondent insurance company in its written statement inter alia pleaded that the claimants had not suffered any monetary loss and are not entitled to any compensation. At the time of the alleged accident, Roshan Lal was not holding a valid driving licence authorizing him to drive the category of vehicle insured under the policy of insurance. The following issues were framed by the learned Tribunal:- 1. Whether the accident took place due to rash and negligent driving of dumper No. HR-39 A 4702 by its driver Roshan Lal?OPP 2. Whether the petitioner of petition No. 120 of 2006 titled Rajesh Vs. Roshan Lal etc. is entitled to any compensation on account of injuries sustained by him? If so, how much and from whom?OPP 3. Whether the petitioners of petition No.121 of 2006 titled Meenu Vs. Roshan Lal and others are entitled to any compensation on account of injuries sustained by him, if so, how much and from whom?OPP 4. Whether the vehicle bearing registration no. HR-39A-4702 was being driven by respondent no.1 without holding effective driving licence?OPP3 5. Whether the vehicle bearing registration no. HR-39A-4702 was being driven by respondent No.1 in contravention of the terms and conditions of the policy?OPR3 6. Relief: I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Dr. M.K.Garg, PW-2 has testified that Meenu was admitted in General Hospital, Hissar in the Casualty ward with history of roadside F.A.O. No. 4068 of 2009 3 accident. He remained hospitalized from 7.7.2006 to 29.7.2006 and again from 28.11.2006 to 19.12.2006. He has proved the bed head ticket Ex.P-5. When Meenu entered into witness box he deposed that he has incurred an amount of Rs.80,000/- to Rs.90,000/- on his treatment and that the medical bills are Ex.P.34 to P.48. The insurance company did not adduce any evidence operating as rebuttal to this evidence. In view of the fact that the appellant remained admitted in the hospital during the above mentioned period and had spent the aforementioned amount on his treatment, an amount of Rs.20,000/- more as compensation is allowed over and above the awarded amount to Meenu appellant. The respondent-insurance company shall deposit this enhanced amount within 45 days from today, failing which this amount shall carry interest at the rate of 6 % per anuum from the date of filing the claim petition till the date of realization. This F.A.O. is disposed of accordingly. (HARBANS LAL) JUDGE December 14, 2009 RSK NOTE: Whether to be referred to the Reporter or not? Yes/No