F.A.O. No.2243 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** F.A.O. No.2243 of 2008 Date of Decision:21.10.2008 Majlis .....Appellant Vs. Harun .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Manoj Thakur, Advocate for Mr. Lokesh Sinhal, Advocate for the appellant. **** HARBANS LAL, J. This appeal is directed against the award dated 13.8.2007 passed by the Motor Accident Claims Tribunal, Gurgaon for enhancement of the amount of compensation of Rs.15,000/-. The brief facts are that on 3.12.2004 at about 3:00 p.m., Alim and Majlis were travelling (as pillion riders) on Motor Cycle bearing registration No. HR-28A-1129 at a slow speed and on correct side of the road. When they reached ahead of Village Bhadas, meanwhile Container/ Truck bearing registration No. HR-55-B-1284 being driven by Harun, respondent rashly and negligently and without blowing any horn came from behind and hit against the Motor Cycle, as a result of which, both the claimants suffered injuries. Thus, the claim petition was filed for grant of compensation. After hearing the learned counsel for the parties and examining the evidence on record, the learned Tribunal awarded a sum of Rs.15,000/- in favour of Majlis- claimant- appellant along with interest at the rate of 7.5% per annum from the date of filing of petition till realisation. F.A.O. No.2243 of 2008 -2- I have heard the learned counsel for the appellant besides perusing the findings returned by the learned Tribunal with due care and circumspection. Mr. Manoj Thakur, Advocate appearing on behalf of the appellant urged with great eloquence that the learned Tribunal has gravely erred in holding that the claimant was treated at the Government Hospital, where treatment is provided free of cost and thus did not award any compensation on account of treatment. He further argued that the compensation of Rs.15,000/- awarded by the Tribunal is on the lower side. I am unable to persuade myself to agree with these submissions. The learned Tribunal has observed that the petitioner- appellant had received treatment at CHC Punhana, and General Hospital, Gurgaon which are Government hospitals, where treatment is provided free of cost. The claimant Majlis has not placed on record any Bill/Voucher/ Cash Memo. showing purchase of medicines etc., or that he had suffered any disability. As such, no exception can be taken to these observations. It is also observed in the award that the injuries were also subjected to X-ray and vide Mark B, (copy of X Ray report) he was found to have suffered fractures. Obviously, the X-Ray report has not been exhibited. That being so, it cannot be looked into evidence. Furthermore, as transpires from the award, the appellant has not adduced any certificate of Civil Surgeon showing the percentage of disability, if any. Thus, in my view, no fault can be found with the findings arrived at by the learned Tribunal. Consequently, this appeal is dismissed in limine. October 21, 2008 ( HARBANS LAL ) renu JUDGE F.A.O. No.2243 of 2008 -3-