IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No.4985 of 2008 Date of Decision: 21.5.2009. Afjal Hussain ..........Appellant Versus Akbar and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Lokesh Sinhal,Advocate for the appellant. JASWANT SINGH,J. Appellant-claimant is aggrieved against the award dated 1.9.2008 passed by the learned Motor Accidents Claims Tribunal, Gurgaon (hereinafter referred to as the Tribunal) dismissing his claim petition under Section 166 of the Motor Vehicles Act,1988, seeking compensation to the tune of Rs.8,00,000/- on account of permanent disability alleged to have been suffered by him in a motor vehicular accident that allegedly took place on 19.11.2005. In the claim petition it was alleged that on 19.11.2005 from his fields he was returning to his house on foot and on the way at about 10 pm he was hit by a tractor bearing chasis no.QX TH 1020500761 Engine No.381322/SFG 1554 (hereinafter referred to as the offending vehicle) which came from the side of Village Indana being driven in a rash and negligent manner by Akbar-respondent no.1. In the said accident both his thighs were crushed as a result of which he was taken to CHC Punhana where he was medico legally examined and thereafter shifted to General FAO No.4985 of 2008 2 Hospital,Mandikhera. A sum of Rs. 2 lacs was alleged to have been spent on his treatment. It was further alleged that the injuries suffered by him in the said accident left him permanently disabled and unfit to do any work. Hence a compensation of Rs.8 lacs was claimed. Upon notice of the claim petition, owner and driver- respondents 1 and 2 herein denied the factum of accident. Insurer of the offending vehicle also contested the claim petition on various grounds available to it. After hearing both sides learned Tribunal dismissed the claim petition hence the present appeal. It is submitted by the learned counsel for the appellant that the award passed by the learned Tribunal is based on mis-reading of evidence and against the facts. After hearing the learned counsel and perusing the paper book, in my opinion, the present appeal is liable to be dismissed. A perusal of the impugned award shows that in order to succeed in his claim petition the appellant examined PW2 Head Constable Fateh Singh of PS Punhana. He proved FIR Ex.P27 to show that respondent no.1 was facing trial for the accident in question. However, this FIR itself proved to be an eye opener. After examining the FIR, it was found by the learned Tribunal that the FIR was lodged 8 days after the accident i.e. on 27.11.2005 whereas the accident took place on 19.11.2005. Interestingly, the offending vehicle is owned by none else than respondent no.2, who is father of the claimant. The FIR was lodged against unknown vehicle and the driver is also alleged to have been identified at a later stage. All these circumstances rightly led the Tribunal FAO No.4985 of 2008 3 to hold that the offending vehicle was introduced just to extract compensation from the Insurer. In an attempt to make this concocted story look genuine, learned counsel for the appellant, at this stage, tried to introduce a new story by stating that in fact the offending vehicle was a new one and had been given to respondent no.1 for agricultural purpose. However, this was not at all the case either of the claimant or of the respondents 1 and 2, who had contested the claim petition. Had the newly projected version been true, it is unbelievable for a man of common prudence that the claimant could not have identified the tractor owned by his own father, when admittedly they are living together, or the respondent no.1 to whom a newly purchased tractor was handed over just for agricultural purposes. I do not find any illegality in the impugned award, which is based on proper and deft appreciation of evidence holding that the offending vehicle was a introduced one. No other point has been urged. For the reasons stated above,finding no merit in this appeal the same is hereby dismissed. 21.5.2009. (Jaswant Singh) joshi Judge