FAO No.5395 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.5395 of 2009 (O&M) Decided on : November 13, 2009 National Insurance Company Ltd. ... Appellant VERSUS Harpal Singh and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.R.M.Suri, Senior Advocate assisted by Mr.Neeraj Khanna, Advocate for the Appellant. A.N.JINDAL, J.- This appeal, preferred by the appellant – National Insurance Company (herein referred as `the appellant') is in respect of the award dated 12.8.2009 passed by Motor Accident Claims Tribunal, Ambala (herein referred as `the Tribunal'), awarding compensation to the tune of Rs.1,59,450/- along with interest @ 7.5% per annum, on account of the injuries suffered by the claimant – respondent No.1 (herein referred as `the claimant') in a motor vehicle accident. The accident occurred on 1.2.2007 when the claimant was proceeding from Oriental Bank of Commerce, Ambala City to M/s Bhushan Oil & Fats Private Limited on his scooter bearing Reg.No.PB-39-C/4447. When he reached near Manav Chowk, Ambala City, respondent No.2 while driving the truck bearing Reg.No.HR-37A/6462 rashly and negligently FAO No.5395 of 2009(O&M) [ 2 ] came from behind and hit the claimant. Resultantly, he suffered injuries. The claimant sought compensation of Rs.10 lacs, notice of which was issued to respondents No.2 and 3 as also to the appellant – Insurance Company and they contested the claim petition. In all five issues were framed. Both the parties led evidence. Ultimately, the application was accepted. Arguments heard. Record perused. As regards the question of rashness and negligence of the respondent driver, the claimant being the injured as well as the lodger of the First Information Report (Ex.PL) described the accident in all minute details. Besides, the FIR, the report under Section 173 of the Code of Criminal Procedure (Ex.PM) and copy of the charge statement (Ex.PN) also fully corroborate the factum with regard to rashness and negligence of respondent No.2. In addition to it, Dr.Ashok Sarwal, Orthopedic Surgeon (PW1) has proved the injury treatment record and also opined that the claimant received injuries on account of the accident. As regards the quantum of compensation, the claimant remained admitted in the hospital w.e.f. 1.2.2007 to 19.6.2007 and on 15.6.2007, he was operated upon. In all, he remained admitted for 8½ months. Dr. Ashok Sarwal (PW1) also stated that he charged Rs.15,000/- vide receipt dated 1.2.2007, Rs.8200/- vide receipt dated 19.6.2007 and Rs.5800/- vide receipt dated 14.3.2009. The other medical bills proved on record are Ex.P1 to P85. The permanent disability to the extent of 5% suffered by the claimant is proved by Dr.Arun Sharma (PW4). FAO No.5395 of 2009(O&M) [ 3 ] After taking stock of the situation and the oral as well as documentary evidence on record, the Tribunal appears to have awarded reasonable compensation, which does not require any interference. Thus, finding no merit in the appeal, the same is dismissed. November 13, 2009 ( A.N.JINDAL ) `gian' JUDGE