FAO No.1458 of 1991 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1458 of 1991 Date of Decision. 16.08.2010 United India Insurance Company Ltd., Sector 8, Chandigarh through its duly constituted attorney ......Appellant Versus Sapna daughter of Suresh Kumar (minor girl) through Indra w/o Suresh Kumar (mother) natural guardian resident of Pathana Mohalla, Siwan Gate, Kaithal and others ......Respondents Present: Mr. Ravinder Arora, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The claim was for injury sustained in an alleged accident and the defence taken by the insurer was that there had been a collusion between the claimants and owner of the vehicle. There was no complaint of accident with the police and the incident of accident itself was fake. 2. At the trial, the accident was narrated by the injured as well as the other witnesses that the injured, who was a minor girl, was answering the calls of nature near the roadside drain when the Maruti Car driven by the 1st respondent hit against her and she was greivously injured by the impact on her. A doctor, who had given the treatment for injuries suffered by the girl for the fractures on FAO No.1458 of 1991 -2- the bones of the right arm and fracture of the right humerus, assessed the disability to be 45% and the evidence of the doctor PW2 was that the girl had suffered extensive scarring and disfigurement of the right upper limb around her elbow and there was a serious limitation of extension of elbow and wrist joint with decreased power. Although the case was taken up for trial after nearly two years after the accident, the doctor had still noted that there was a discharge of puss from the site of injury. The girl had been given treatment at General Hospital, Kaithal and later appears to have taken for better clinical management at the Medical College and Hospital at Rohtak. 3. If there had been no FIR lodged or criminal case instituted, the suggestion to the witness was that owner of the vehicle was a MLA and the injured was a humble Balmiki girl, whose parents could not have easily prosecuted a case against a local MLA. If there was no institution of a complaint in the police record, it was sufficiently explained and the Tribunal has assessed the truth of the accident by the fact that the driver had admitted the accident though he wanted to contend that the accident had taken place without any negligence on his part. An evidence of a driver, who admits the accident cannot be a statement in collusion. On the other hand, I would see that as asbolutely important evidence coupled with the narration of the incident and extensive injuries that the minor girls has suffered. 4. For disability as high as 45%, the total compensation which had been awarded by the Tribunal is Rs.50,000/-, which in my view, is exceedingly modest and far less than what the girl must have been FAO No.1458 of 1991 -3- awarded. I still do not want to intervene with reference to the quantum since there is no plea for enhancement at the instance of the respondent. 5. The award of the Tribunal is, under the circumstances, sustained and the appeal of the insurer is dismissed. (K. KANNAN) JUDGE August 16, 2010 Pankaj*