2010(3) LAW HERALD (P&H) 2039
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
F.A.O. No. 150 of 1998 (O&M)
Devinder Kumar alias Sonu
v.
State of Haryana & Anr.
{Decided on 22/01/2010}
Present: Mr. N.L. Sammi, Advocate for the appellants in FAO Nos. 150, 159 and 236 of 1998 and for the driver and owner in FAO Nos. 203 and 205 of 1998.
Mr. Pritam Saini, Advocate for the appellants in FAO Nos. 203 and 205 of 1998 and for the claimants in FAO Nos. 150, 159 and 236 of 1998.
Mr. Inderjit Sharma, Advocate for the Insurance Company.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
(A) Motor Vehicles Act, 1988, S.166--Compensation--Enhancement of--Claim that appellant suffered head injury is not borne out from any evidence produced on record--She had suffered only fracture in her arm, which was plastered--On account of that, Tribunal has already awarded compensation to tune of Rs.24,600/-.--Manner, in which amount of compensation has been determined, on account of pain and sufferings, which will take care of special diet, which appellant had to take during period she remained under treatment--On account of medical treatment and loss of income for period she remained bed ridden, sufficient amount has already been awarded--Claimant not entitled to further enhancement. (Para 6)
(B) Motor Vehicles Act, 1988, S.166--Compensation--Enhancement of--Only oral statement of claimant that he received injury on his left eye--No medico-legal report was produced in support of claim--Evidence of some private doctor sought to be produced, which was not found to be trust worthy--Though appellant had registered a criminal case against driver of vehicle, but even in that appellant did not state before police that he had received injury in his left eye or same was completely damaged in accident--In investigation got conducted by Insurance Company, it was found that claimant had lost sight of his left eye after he got operated same--Tribunal did not find substance in claim of appellant that he suffered any damage to his eye on account of accident and finding to that effect cannot be faulted with--Appeal dismissed. (Para 12)
(C) Motor Vehicles Act, 1988, S.166--Compensation--Valid Driving License--Liability of Insurance Company--Tribunal has found as a fact that driver of vehicle, was born on 15.10.1978--In support thereof, documents were produced from school where he was studying, which are in form of school leaving certificate, application form for admission and copy of school register etc--In all these documents, date of birth was mentioned as 15.10.1978--Date of issuance of driving licence was found as 4.1.1994 and date of accident is 28.7.1994--Two new documents, sought to be produced on record by appellants along with application for additional evidence shows that entry in register of births was got made on 22.12.1997 by showing date of birth as 4.3.1974, for which a certificate was got issued--It was after decision of claim petitions by Tribunal on 28.8.1997--A fresh certificate was got issued from school showing his date of birth as 4.3.1974, which could not possibly be relied upon considering evidence already on record from school where he was studying, which is not in form of one or two documents, rather, at four different places and one of them being application form for admission where his father had himself mentioned his date of birth as 15.10.1978--No illegality has been committed by learned Tribunal in holding that driving licence held by driver of vehicle on date of accident was not valid--Insurance Company could not be made liable to indemnify insured. (Para 18, 19 & 20)
