FAO No.630 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.630 of 2011 (O&M) Date of decision:3.8.2011 Mohinder Singh ...Appellant Versus Joginder Singh and others. ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.A.S.Sidhu, Advocate, for the appellant. Mr.Ravinder Arora, Advocate, for the Insurance Company. -.- JITENDRA CHUAHAN, J. CM No.1856-CII of 2011 For the reasons mentioned in the application, the same is allowed. The delay of 10 days in filing the appeal is condoned. CM No.1858-CII of 2011 CM is declined. Main case Learned counsel for the appellant submits that the appellant lodged the DDR, Annexure P-1, with Police Station, Morinda on the date of accident. However, in view of the compromise reached between the parties, the said DDR could not be brought on record. Hence, he has prayed that the DDR registered by the appellant now be read for proper adjudication of the present appeal. FAO No.630 of 2011 (O&M) 2 On the other hand, learned counsel for the Insurance Company submits that even from the DDR, it is borne out that it was agreed between the parties that the respondent shall bear the treatment expenses of the appellant. Therefore, the compromise as reflected in DDR, was not without consideration. Therefore, the learned Tribunal has rightly dismissed the claim petition as the appellant specifically stated before the Tribunal that he did not lodge any FIR before any authority. I have heard the learned counsel for the parties. The factum of the DDR was in the knowledge of the appellant since the date of accident. The appellant participated in the deliberations on the basis of which, a compromise between the parties was reached and therefore, no FIR was registered. The claim petition was filed after a period of about five months from the date of accident. The stand of the appellant, before the Tribunal that he did not lodge complaint before any authority, and now the DDR sought to be produced are not reconcilable. In the circumstances, this Court is of the view that the claim petition of the appellant has rightly been dismissed by the learned Tribunal. No other point has been raised. In view of above, the present appeal fails and the same is hereby dismissed. 3.8.2011 (JITENDRA CHAUHAN) mks JUDGE