IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4988 of 2010 (O/M) Date of Decision : August 25, 2010. Himachal Road Transport Corporation through its Managing Director, Shimla, and another ...... Appellants Versus Smt. Urmil wife of Shri Raman Kumar Malhotra, and others ...... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajesh Garg, Advocate, for the appellants. AUGUSTINE GEORGE MASIH, J. (ORAL). C.M. No. 21514-CII-2010 For the reasons mentioned in the application, delay of 102 day in filing the present appeal is condoned. Application stands allowed. FAO No. 4988 of 2010 An accident took place on 13.02.2008 at about 08:00 PM. The deceased Sahil Malhotra, who was travelling in the bus, bearing registration No. HP-07-5480 from Shimla to Karnal, which was driven by Hemant Kumar/respondent No. 4, who is an employee of the Himachal Road Transport Corporation, which has preferred the present appeal. During the intervening night of 13/14.02.2008 at about 03:00 AM, when Sahil Malhotra requested the driver of the bus to stop it at Karnal, so that he could get down from the same at crossing of GT Road near Sector- 6, Urban Estate, Karnal, the same was acceded to and he was allowed to get down, but before he could get down from the bus fully, the conductor closed the door of the bus and driver/respondent No. 4 without ensuring that the deceased had got down properly, started the bus. The deceased got entangled FAO No. 4988 of 2010 (O/M) -2- with the door of bus and he was dragged alongwith the bus upto a distance of 200-300 yds. and the rear tyre of the bus passed over his legs and abdomen of the deceased thereby crushing the same. The deceased was immediately shifted to Civil Hospital, Karnal, where he remained admitted from 14.02.2008 to 25.02.2008, but could not survive. An FIR No. 94 dated 25.02.2008 under Sections 279, 337 and 304-A IPC was registered at police station Civil Lines, Karnal. The Motor Accident Claims Tribunal, Karnal (in short ‘the Tribunal’) on consideration of the evidence led by the parties came to a conclusion that the accident had indeed taken place as was alleged in the claim petition, which fact was disputed by the appellants and respondent No. 4. The Tribunal has further proceeded to assess the compensation, for which the claimants (legal representatives) would be entitled to. Counsel for the appellants is unable to point out any legal flaw in the Award dated 03.02.2010, passed by the Tribunal. The Tribunal on consideration of both oral and documentary evidence on record, has returned a specific finding that the accident did take place at the spot. The finding so recorded is unassailable. The quantum, which has been assessed by the Tribunal, is also fully justified and a well reasoned and detailed Award has been passed by the Tribunal, which does not call for any interference by this Court. Finding no merit in the present appeal, the same stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE August 25, 2010. sjks.