In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.5509 of 2009 (O&M) Date of decision: November 19, 2009 Oriental Insurance Company Limited .. Appellant Vs. Vijay Kumar and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Ashwani Talwar, Advocate for the appellant. A.N. Jindal, J The appellant-Insurance Company has preferred this appeal for setting aside the award dated 24.7.2009 passed by the Motor Accident Claims Tribunal, Patiala (herein referred as 'the Tribunal'), awarding compensation to the tune of Rs.1,17,500/- in favour of the claimant- respondent No.1 (herein referred as 'the claimant') and against the appellant as well as respondents No.2 and 4 jointly and severally. The factual matrix of the case is that on 27.12.2003, Dharminder Pal @ Happy was going from his STD Booth, opposite Pappu Dhaba, Rajpura to his village Khanpur on his motor cycle bearing registration No. PB-11U-8245 and Vijay Kumar was the pillion rider. At about 7.00 p.m. when he was crossing the Motel Chowk, G.T. Road, Rajpura, in the meanwhile, the respondent No.1 (driver) while driving Qualis Car bearing registration No.DL8CF7643 rashly and negligently came from behind and struck against the motor cycle. Vijay Kumar sustained multiple injuries, whereas, Dharaminder Pal died at the spot. Hence this claim petition was filed. The respondents contested the claim petition. From the pleadings of the parties, the following issues were framed :- 1. Whether on 27.12.2003, the respondent No.1 by driving the Qualis Car bearing No.DL-9CF-7643 rashly and negligently caused the death of Dharminder Pal @ Happy near Eagle Motel Chowk, G.T. Road, Rajpura as alleged?OPP F.A.O. No.5509 of 2009 2 *** 2. Whether the claimants are entitled for compensation, if so, to what amount and from whom?OPP 3. Whether the driver of Qualis Car bearing No. DL- 8CF7643 was not having any valid and effective driving licence at the time of said accident as alleged?OPR 4. Whether the claim petition is bad for non-joinder of necessary parties?OPR 5. Relief Both the parties led evidence and ultimately the claim petition was allowed. Feeling aggrieved by the said order, the appellant-Insurance Company has preferred this appeal. Heard. The learned counsel for the appellant has contended that no accident had taken place as alleged in the claim petition. He has referred to the statement of Dr. Sarbjit Singh (RW-2) Medical Officer, Sumitra Nursing Home, who deposed that as per record, both the injured were brought to his hospital on 27.12.2003 at about 8.20 p.m with the history of “RTA (Road traffic Accident) near Pappu Dhaba”. Having examined the aforesaid contention, it may be observed that Om Parkash (PW3), an eye witness of the occurrence, has testified that on 27.12.2003 Dharaminder Pal was driving the motor cycle bearing registration No.PB-11U-8245 and Vijay Kumar was sitting on the pillion. The respondent No.1 while driving the offending car rashly and negligently struck against the motor cycle from behind. Thereafter, the driver of the offending vehicle fled away after leaving the vehicle at the spot. He had reported the matter to the police and FIR No.338 dated 27.12.2003 was registered against the driver of the offending car. Vijay Kumar (PW2) injured in the case also deposed on the same lines. As such, the Tribunal has rightly observed that the respondent No.1 caused the accident while driving Qualis in a rash and negligent manner. As regards the argument advanced by the learned counsel for the appellant that the compensation awarded to the claimant is on the higher F.A.O. No.5509 of 2009 3 *** side, it may be observed that the claimant suffered grievous as well as simple injuries. He suffered permanent disability resulting into shortening of his leg by two inches. He was taken to Sumitra Nursing Home, Rajpur, from where he was referred to P.G.I. Chandigarh. He remained admitted in the hospital w.e.f. 28.12.2003 to 2.1.2004. Thereafter, he was taken to Nandra Hospital, Ambala Cantt where he remained admitted from 3.1.2003 to 23.1.2003. He underwent two operations of his right leg and he is still under treatment. Dr. Ashok Nandra (PW4) has proved on record bill dated 19.1.2004 (Ex.PW4/A) for Rs.20,000/-, bill dated 19.1.2004 (Ex.PW4/B) for Rs.19600/-, original treatment record Ex.PW4/C. Dr. Pardeep Arora Medical Officer, Civil Surgeon Patiala (PW6) has testified that right leg of the claimant was shortened by two inches and he he suffered permanent disability to the extent of 30%. He has proved disability certificate dated 7.9.2006 Ex.PW6/A It is also evident on record from the bills Ex.P15 to Ex.P34 that the claimant spent Rs.5768/- per month on his treatment. It has also come on record that the claimant is still undergoing treatment. In view of the above, the Tribunal appears to have appreciated the evidence in the right perspective. No grounds to interfere. Dismissed. November 19, 2009 (A.N. Jindal) deepak Judge