FAO No. 5375 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 5375 of 2010 Date of decision September 16, 2010 UP State Transport Corporation ....... Appellant Versus Sanjeev Kumar and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. S. K. Verma, for the appellant. **** K. Kannan, J (oral). CM No.23578-CII of 2010 1. For the reasons stated in the application, application is allowed. Delay of 27 days in refiling the appeal is condoned. CM No.23579-CII of 2010 2. For the reasons stated in the application, application is allowed. Delay of 17 days in filing the appeal is condoned. FAO No.5375 of 2010 3. The appeal is filed by the Corporation for an accident that its vehicle Qualis had collided with the vehicle driven by the claimant. The claimant had given evidence that the Car driven by the driver of the Corporation was rash that even after hitting the Qualis the vehicle dashed against a wall breaking it. As against the evidence of the claimant who was himself a personal witness, no evidence was offered by the driver of the Corporation. The Court, therefore found that the driver of the bus was responsible. I cannot find fault in the said reasoning and its ultimate finding regarding negligence. 4. As regards the injuries suffered by the claimant, FAO No. 5375 of 2010 2 the Tribunal provided for the entire amount of medical expenses which were borne out through CW2 /A to CW2/H and CW3/A to CW2/64. The bills aggregated to Rs.86176/- for an amount of Rs.15,000/- has been provided for pain and suffering and Rs.5,000/- has been provided towards special diet. The Tribunal had not made any assessment with reference to any other claim for any disability or loss of amenities . All the heads of claim that have been provided for are modest and reasonable and there is no scope for interference in the appeal. The appeal is dismissed. (K. KANNAN) JUDGE September 16, 2010 archana