IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6783 of 2010 (O&M) Date of decision: 12.10.2011 Subhash ....Appellant Versus Pardeep and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.TC Dhanwal, Advocate for the appellant ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by appellant, the driver of the offending vehicle, against the award dated 27.1.2010, passed by learned Motor Accident Claims Tribunal, Bhiwani (for brevity 'the Tribunal') vide which the claim petition of the claimant-injured was allowed. Learned counsel for the appellant contends that the learned Tribunal has erroneously fastened the liability upon the appellant. Further contends that the amount awarded by the learned Tribunal to the claimant is also on the higher side. I have heard learned counsel for the appellant and have gone through the case file carefully. From the perusal of the case file, it emerges that the accident took place on 6.2.2006, due to rash and negligent driving of the Esteem Car No.DL3-CG 7352, being driven by the appellant. On the statement of the FAO No.6783 of 2010 (O&M) -2- injured-claimant, FIR No. 74 dated 6.2.2006, under Sections 279, 337 of the Indian Penal Code was registered against the appellant. To rebut the evidence of the claimant, neither the appellant appeared in the witness box nor he was summoned by the other respondents. Further in the criminal proceedings in case FIR No. 74 (ibid), the appellant stands convicted by the learned trial court. Further the injured remained admitted in hospital from 6.2.2006 to 16.3.2006, which is revealed from Ex.P-74, and suffered permanent disability to the extent of 7% as per Ex.P-1, disability certificate. The injured-claimant produced Exs.P-2 to P-72 medical bills etc. which show that he had spent sufficient amount on medicines. In this regard, the learned Tribunal has awarded a sum of ` 50,000/-, which is just and adequate. As a sequel to the above discussion, no interference is warranted in the well reasoned award passed by learned Tribunal. As such, the present appeal being bereft of any merit is dismissed in limine. 12.10.2011 (JITENDRA CHAUHAN) gsv JUDGE