IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3536 of 2009(O&M) Date of decision: 22.10.2009 Hem Ram and another ......Appellant(s) Versus Vijay Kumar and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Vivek Suri, Advocate for the appellants. Rakesh Kumar Garg, J.(Oral) This appeal has been filed by the driver and owner of the offending vehicle challenging the impugned award whereby the claimant- respondent has been awarded compensation to the tune of Rs.1,20,000/- along with interest at the rate of 9% per annum for the injuries caused to him by appellant No.1 while driving the offending vehicle in a rash and negligent manner. The grievance of the appellant before this Court is that the respondent-Insurance Company has been absolved of its liability to pay erroneously. Learned counsel for the appellants has also challenged the impugned award on the question of quantum of compensation and has argued that the amount of Rs.1,20,000/- awarded to the claimant is highly excessive. I have heard learned counsel for the appellant and perused the record. The Tribunal on appreciation of evidence has recorded a finding that the Insurance Policy issued on 17.9.2006 was later on cancelled with effect from the same date, as per order dated 17.10.2006 for the reasons that the cheque vide which the premium was paid by the FAO No.3536 of 2009(O&M) -2- appellant to the respondent-Insurance Company was dishonoured for insufficient funds. Thus, a finding was recorded that no premium was paid by the appellants for issuance of the Insurance Policy. Learned counsel appearing on behalf of the appellants is unable to point out any evidence on record to challenge the aforesaid finding. From the perusal of impugned award, I find that the claimant- respondent has suffered 25% permanent disability and has also spent a sum of Rs.48,698/- on his treatment. In view of the aforesaid, the amount awarded to the claimant-respondents cannot be said to be on the higher side. No other point was urged. Thus, I find no merit in this appeal. Dismissed. October 22, 2009 (RAKESH KUMAR GARG) ps JUDGE