IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No.235 of 1994 Date of Decision 22.04.2010 Harbans Lal ...... Appellant VERSUS Phool Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Vivek Goel, Advocate, for the appellant. Mr.Vinod Chaudhary, Advocate, for the respondent-Insurance Company. ***** A.N.JINDAL, J(ORAL): Aggrieved against the judgment dated 20.11.1993, passed by Motor Accident Claims Tribunal, Ambala, dismissing the claim petition of the appellant-claimant (herein referred as 'the claimant'), he has preferred this appeal. Learned counsel for the appellant-claimant has contended that though there may not be any merit in the appeal yet it is a fact that he suffered permanent disability to the extent of 45% due to the involvement of motor vehicle. As such, he should have been awarded at least a sum of Rs.12,500/- on account of permanent disability suffered by him. Having perused the impugned judgment, it transpires that notwithstanding the fact that the appellant failed to prove the negligence of respondent No.1-Phool Singh, driver of the car bearing registration No.HNH-9394, yet in view of the fact that claimant suffered disability to the extent of 45% as a result of the motor vehicle accident, therefore, the F.A.O.No.235 of 1994 -2- Tribunal should have awarded the amount which accrued to him on account of no fault liability. Learned counsel for the respondent-Insurance Company has not disputed the aforesaid proposition of law. In view of the aforesaid conceded position by the parties, this appeal is partly accepted with the observations that the findings returned by the Tribunal on the issues, so framed, are correct and the impugned judgment is modified by awarding compensation to the tune of Rs.12,500/- alongwith interest @ 6% per annum in favour of the claimant and against respondent No.3 on account of no fault liability from the date of filing of claim petition till realization of the award amount. (A.N.Jindal) Judge 22.04.2010 mamta-II