FAO No.7433 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.7433 of 2010 (O&M) Date of Decision : 12.01.2011 Oriental Insurance Co. Ltd. .......Appellant Versus Raj Kumar and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. S P Singh, Advocate, for the appellant. Mr. Dheeraj Narula, Advocate, for respondent No.1-caveator. **** JITENDRA CHAUHAN, J. (ORAL) 1. The present appeal is directed against the award dated 28.09.2010 (for short ‘the impugned award’), passed by the learned Motor Accident Claims Tribunal, Sirsa (for short, ‘the Tribunal’) 2. Brief facts of the case are that on 08.09.2007, claimant-Raj alias Raj Kumar, driver of the Three-Wheeler No.HR-99-T/3862, was going from Sirsa to Dabwali for delivery of goods on directions from respondent No.2, employer of the claimant. When he reached near the Brick kiln at Village Samalkhera, the rear right-side tyre of the three- wheeler suddenly bursted, as a result of which, the vehicle got out of control FAO No.7433 of 2010 -2- and turned turtle. The claimant suffered serious, grievous and multiple injuries on his person. A DDR No.12 was got recorded at Police Station, Odhan on 09.09.2007. 3. With these facts, a claim petition was filed before the learned Tribunal which was contested by the Insurance Company (herein appellant) and the owner, respondent No.2. 4. The learned counsel for the appellant states that the driver was not holding a valid driving licence at the time of accident. He has further stated that an application moved by him under Section 170 of the Motor Vehicle Act was allowed, however, no reimbursement to appellant was made. He has also submitted that the amount against various heads is on higher side. 5. I have heard learned counsel for the parties and perused the impugned award carefully. 6. There is a clear finding of the learned trial Court that photocopy of the driving licence, Mark ‘A’, shows that the claimant was holding a valid driving licence at the time of accident. No evidence was led by the appellant to rebut the same. 7. The claimant was 31 years of age and earning ` 3,000/- per month. As per the disability certificate, Ex.P4, the injured suffered disability to the extent of 30%. He produced the medical bill, Ex.P5, on record amounting to ` 41,350/-. The amount of ` 1,00,000/- has been awarded by the learned Tribunal under the four heads, i.e. disability; bills for treatment, hospitalization, pain and suffering. 8. The impugned award passed by the learned Tribunal is most reasonable and is not excessive. The learned counsel for the appellant has failed to point out any deficiency or perversity in the impugned award. FAO No.7433 of 2010 -3- 9. Consequently, the present appeal is dismissed in limine. The amount of ` 25,000/- deposited by the Insurance Company be transferred to the learned Tribunal for disbursement to the claimant. 10. Since the main appeal stands dismissed, civil misc. application (s) pending, if any, shall stand disposed of, accordingly. ( JITENDRA CHAUHAN ) 12.01.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No