IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.573 of 1990(O&M) Date of decision:16.02.2011 Smt. Baljinder Kaur and another ....Appellants versus Sucha Singh and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.K.G.Chaudhry, Advocate, for the appellants. None for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The appeal is against the dismissal of the claim of compensation in a case where the deceased succumbed to injuries suffered in an accident when he was driving a scooter and colliding with a police truck. The viscera in post-mortem revealed the presence of liquor and the Court found on evidence that the deceased was on a drunken state and he was responsible for causing the accident. While so holding, the respondents had been totally exonerated. 2. The learned counsel for the appellants would say that the case could never have ended with dismissal, in view of the fact that Section 140 provided that in terms of Section 92-A of the Motor FAO No.573 of 1990(O&M) - 2 - Vehicles Act of 1939, the liability ought to have been at least to pay the statutory minimum on no fault liability and it could not have resulted in dismissal of the petition. I modify the award to provide for Rs.25,000/- with interest at 7.5% from the date of petition till date of payment and will make the respondents liable for the same. The amount is directed to be payable forthwith. 3. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 16.02.2011 sanjeev