Case: Parmeshwari vs Amir Chand & Ors
Appellant: Parmeshwari
Respondent: Amir Chand & Ors
Date of Judgement: January 28, 2011
Facts:
- The Appellant challenged the judgment and order of the High Court of Punjab and Haryana which was ordered on 8th October, 2009.
- The owner of the scooter, Amir Chand, filed an appeal with the High Court against an award dated 12.2.2009 issued by the Motor Accident Claims Tribunal, Fast Track Court, Hisar, awarding the Appellant compensation of Rs.1,36,547/- plus 9 percent interest.
- The material facts are that on 22.01.2003, at approximately 12.00 noon, the Appellant herein, the Claimant before the Tribunal, and Respondent No.1 before the High Court were travelling from Baganwala to Tosham on a Motor Cycle driven by Balwan, with the Claimant on the pillion seat.
- Suresh – Respondent No.2 herein – came from the other direction in another scooter from the wrong side and hit the right leg of the Appellant as a result of which she fell down and her right leg was fractured and she received multiple injuries when the Motor Cycle was half a kilometre away from Baganwala.
- Several people saw the accident, and one of them, Umed Singh, took the Appellant to Dr. Punia’s clinic, where she was referred to Chawla Nursing Home in Hisar, where she stayed until 6.2.2003. The incident was also reported to the Hisar SSP.
- In the end, she filed the claim petition because of her serious injuries.
Issues involved:
- Whether the witnesses statements will be valid or not?
Contentions by Appellant:
The Appellant stated before the High Court, was that the accident and his involvement in it was not proved and the claim petition should have been dismissed. The High Court ultimately upheld the owner’s appeal and overturned the aspects in the findings of the Tribunal
Contentions by Respondent:
The PW-1 AND PW-2 stated that they were present at the time of an accident happened. They further stated that the Appellant made an accident with his scooter.
Judgement:
The compensation amount must be deposited with the Tribunal in terms of its award within a period of six weeks from today by a demand draft and consequently the Tribunal will instantly send notice to the appellant and handover the demand draft to the appellant, within two weeks thereafter.
The copy of the order may instantly be transmitted to the Tribunal.
Conclusion:
As a result, the appeal is granted with the aforementioned directions and observations.
Drafted by: Sangeeta.N, Presidency University, Bangalore
Edited By: Tanvi Mahajan, Publisher, Law Insider
Published On: February 20, 2022 at 21:00 IST