FAO No. 783 of 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 783 of 1994 Date of decision 30.8.2011 Yudhister Appellant v. Sukhbir and Others Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: None for the appellant Mr. Ankur Garg, AAG, Haryana for the respondents JITENDRA CHAUHAN.J This appeal has been filed by the appellant-injured against the Award dated 3.12.1993, passed by the Motor Accident Claims Tribunal, Rohtak (now Bhiwani), (for short the Tribunal). As per the case of the appellant, on 17.1.1993 he was going from his village Kharak Khurd to his fields on his cycle. His father and brother were ahead of him. A Haryana Roadways bus bearing registration No. HYO-3226, driven by Sukhbir, in a rash and negligent manner came from Bhiwani side and struck against the cycle of the appellant while he was on the kacha road on his left side. He fell down and received injuries. The accident was witnessed by his father and brother. He was taken to Civil Hospital, Kalanpur, in the same bus. He remained admitted there till 23.1.1993. The matter was reported to the police. The appellant-injured claimed Rs. 1 lac as compensation for the injuries suffered by him i.e on the head and right eye. Upon notice, respondents filed a written statement. They FAO No. 783 of 1994 2 admitted the accident but denied any fault on the part of the driver and attributed the negligence to the cyclist-injured. From the pleadings of the parties, the following issues were framed:- 1. Whether petitioner Yudhister received injuries in an accident caused by respondent No. 1 Sukhbir by driving Bus No. HYO-3266 rashly and negligently? 2. If issue No.1 is proved, to how much amount the petitioner is entitled to as compensation? 3. Relief.” To prove his case, appellant appeared as PW1 and produced on record, Ex. PA, MLR; Ex. PB, copy of FIR; Ex. PC, discharge certificate and Ex. PD, OPD card. As per the claimant, he received head injury and the vision of his right eye is also affected. Ex. PA shows the following injuries:- i) Bleeding fresh from both nostrils ii)Both blackening in eye, advised surgeon opinion, iii)1 cm x 0.4 cm on right parietal bone, 4 cm above the right ear. iv)1 cm x 0.5 cm on the right parietal bone just above the third injury v) Multiple abrasions on right leg vi)Multiple abrasions on both knees. The Ld. Tribunal on appreciation of the evidence produced on record, observed that the injured remained admitted in the hospital from 17.1.1993 to 23.1.1993. There is nothing on the file to prove that the appellant suffered any permanent disability. It was observed that it was a FAO No. 783 of 1994 3 case of contributory negligence. The Ld. Tribunal awarded total amount of Rs. 55,000/- out of which an amount of Rs. 27,500/- was awarded to the appellant, being equally negligent at the time of accident. All the respondents were jointly and severally held liable to pay the compensation. Aggrieved by the findings of the Ld. Tribunal, the appellant has filed the instant appeal. None has caused appearance for the appellant. I have perused the file. There was no denial to the accident occurred on 17.1.1993. The appellant received injuries in the said accident. He remained admitted in Medical College & Hospital, Rohtak. The treatment was free of cost, except expenses on some medicines. There is no evidence on record that the appellant has suffered any permanent disability. He is getting regular treatment from the hospital. There was no rebuttal to the stand taken by the respondents that the accident occurred due to negligence on the part of the cyclist. The Ld. Tribunal has rightly awarded the total compensation of Rs. 55,000/- and awarded Rs. 27,500/- to the appellant for the injuries suffered by him. In view of the above, no ground is made out to interfere in the Award dated 3.12.1993. The appeal fails and is dismissed. No costs. (JITENDRA CHAUHAN) JUDGE 30.8.2011 MS