FAO No.442 of 1992 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.442 of 1992 (O&M) Date of Decision.17.02.2011 Laxmi Narain alias Kaka son of Harbans Lal and another ......Appellants Versus Balbir Kaur aged 28 years widow of Kartar Singh and others .....Respondents Present: Mr. G.S. Sidhu, Advocate for the appellants. Mr. Arun Jindal, Advocate 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. C.M. No.20596-CII of 2006 For the reasons stated in the application, the application is allowed and the appeal is restored to its original number. FAO No.442 of 1992 1. The appeal is by the owner and driver of the truck, which was alleged to be involved in the accident. The contention of the appellant before this Court as well as before the Tribunal, during the trial, was that the vehicle had not been involved in the accident. It was lying parked due to disrepair and the accident had taken place when the cleaner for the truck Satnam was standing guard and when the driver had gone to fetch a motor mechanic. The averment by the claimants was that the deceased along with one Jaswant was going in a scooter FAO No.442 of 1992 (O&M) -2- followed by Jaswant's brother-in-law, Pritam and Devinder. Pritam had been examined to state that the accident had taken place only due to the rash and negligent driving of the driver of the truck. Against the rival contention of parties, the Tribunal found the defence to be untrue and found the evidence adduced on the side of the claimants to be worthy of credence and allowed the petition awarding a compensation of Rs.84,000/- for his widow and children. 2. The contention in the appeal is merely a re-assertion of what had been submitted before the Tribunal, which had been rejected by the Tribunal. I find no reason to take a different view. 3. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE February 17, 2011 Pankaj*