Punjab-Haryana High Court
Ramphal vs Kartar Singh & Ors on 18 November, 2014
Author: Fateh Deep Singh
Bench: Fateh Deep Singh
FAO No.7786 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.7786 of 2014
Date of Decision: November 18, 2014
Ramphal ...Appellant
Versus
Kartar Singh and others ...Respondents
CORAM: HON'BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Sudhir Hooda, Advocate
for the appellant.
FATEH DEEP SINGH, J.
Appellant is the owner of offending jeep bearing registration No.HRS-5553 which on the eventful day of 31.3.2010 was being driven by respondent-Deepak Dangi and met with an accident while claimant injured-Bansi Lal (now deceased) was going for watering his cattle. The findings by way of award dated 22.1.2014 of the learned Motor Accident Claims Tribunal, Sonepat allowing the claim petition, though, has not been challenged by the driver but is sought to be assailed by the owner over the quantum.
Heard, learned counsel for the appellant.
It is well proved on the records as has been highlighted on behalf of the respondents that PW9 Dr. S.P. Sharma has proved disability certificate of Bansi Lal by way of Ex.PW9/A which reflects 90% disability. Though, it is there on AARTI SHARMA 2015.01.22 16:04 I attest to the accuracy and authenticity of this document FAO No.7786 of 2014 -2- the records that Bansi Lal expired on 16.9.2012 after two and a half years and the specific finding that it cannot be the immediate cause of the accidental injury has been laid to rest as it was never assailed. The learned Tribunal had considered the injuries and the disability of the injured and has assessed the loss of earnings by using the multiplier method and has come to the conclusions that along with the expenses incurred on his treatment proved through bills Ex.P6 to Ex.P15 and Ex.P16 to Ex.P23 has awarded a sum of `8,91,561/-.
Learned counsel for the appellant could not succeed in impressing this Court, how this amount was not commensurate with the evidence led on the records and in what manner it was perverse and uncalled for, when it was duly admitted case as to the nature of injuries proved by MLR Ex.PW5/A and that Bansi Lal was aged 38 years at the time of this accident and consequently ought to be compensated for his incapacitation, as a consequence of these injuries which would severally and adversely impact his future life.
The findings certainly do not suffer from any illegality. Thus, finding no merit, the instant appeal stands dismissed in limine.
(FATEH DEEP SINGH)
November 18, 2014 JUDGE
aarti
AARTI SHARMA
2015.01.22 16:04
I attest to the accuracy and
authenticity of this document