Balwinder Singh vs Vishupal And Ors

Punjab-Haryana High Court

Balwinder Singh vs Vishupal And Ors on 20 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:039668

                            FAO-351-2004 (O&M)


                            257

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                         FAO-351-2004 (O&M)
                                                                         Reserved on : 11.03.2024
                                                                         Date of Decision : 20.03.2024


                            Balvinder Singh                                                  ....Appellant

                                                              VERSUS

                            Vishnu Pal and Others                                         ....Respondents



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :    Ms. Kanchan Sindhu, Advocate for
                                         Mr. Pritam Saini, Advocate for the appellant.


                            ALKA SARIN, J.

1. The present appeal has been filed by the claimant-appellant challenging the award dated 20.11.2003 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as 'Tribunal') whereby the claim petition filed by the claimant-appellant has been dismissed.

2. Learned counsel for the claimant-appellant would contend that the accident in the present case stood duly proved, however, the Tribunal on the basis of minor discrepancy dismissed the claim petition. It is further the contention of the learned counsel that it was amply proved on the record that the registration number of the vehicle was 4185 and not 4813.

3. I have heard the learned counsel for the claimant-appellant. Yogesh Sharma 2024.03.20 11:58 I attest to the accuracy and integrity of this order/judgment.

2024:PHHC:039668 FAO-351-2004 (O&M)

4. In the present case the Tribunal, after detailed discussion, held that initially the registration number as given by the claimant-appellant was 4183 and subsequently the said number was changed to 4185. It has come on the record that the claimant-appellant and Angrej Singh remained at the spot for ten minutes and probably much longer. Lakhvinder Singh stated that they had also deflated the front tyre of the tractor at the spot and hence the Tribunal found that it could not have been a mistake in noting the number. The contradictions in the statements made from time to time has come in the evidence in the criminal case and cannot be overlooked. It was also observed by the Tribunal that there was no damage either to the tractor or to the scooter. The learned counsel for the claimant-appellant has not been able to convince this Court that the Tribunal had erred in any manner in dismissing the claim petition. No other point was argued.

5. In view of the above, I do not find any merit in the present appeal which is accordingly dismissed. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 20.03.2024 JUDGE Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.03.20 11:58 I attest to the accuracy and integrity of this order/judgment.