Delhi High Court
Sanjeev Kumar Bhardwaj vs Sanjay Kumar on 21 December, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21st December, 2018
+ MAC.APP. 711/2017, CM APPL. 32446/2018 & CM APPL.
38908/2018
SANJEEV KUMAR BHARDWAJ ...Appellant
Through: Mr. Saurabh Kansal Ms. Pallavi
S. Kansal, Mr. Dishank Dhawan
and Mr. Deepak Pandey,
Advocates.
versus
SANJAY KUMAR ... Respondent
Through: Mr. Peeush Sharma and Mr.
Bharvi Thakur, Advocates.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
JUDGMENT
I. S. MEHTA, J.
1. The appellant has challenged the impugned award in DAR No.
14510/15 dated 13.04.2017 passed by the Additional District Judge
(NE) Motor Accident Claims Tribunal (Pilot Court), Karkardooma
Court, Delhi whereby the compensation of Rs.99,317/- alongwith
interest at the rate of 9% p.a. on the total compensation amount from
the date of filing of petition till realization has been awarded in favor
of Respondent/Complainant.
2. The facts alleged are that on 10.03.2013 at about 12 PM injured
Sanjay Kumar (Complainant/Respondent) was driving his motorcycle
bearing no. DL-8SAM-9594 towards Shahdra reached near Petrol
Pump, ISBT Road, Delhi. Sanjeev Kumar Bhardwaj (Appellant) was
driving car bearing No. UP-16T-0847 (hereinafter called the offending
vehicle) rashly and negligently and hit the motorcycle resulting in
Respondent receiving injury on his person. Respondent fell down and
sustained injuries. He was taken to Jag Parvesh Chandra Hospital,
Shastri Park, New Delhi at 12:32 PM vide MLC No. 1021/13 and was
attended by Dr. V.K. Gautam. On diagnosis his left leg was found
swollen with abrasion on left ankle joint and was referred for X-Ray.
Respondent got his X-Ray conducted from Sushruta Trauma Centre,
New Delhi, report of the same was shown to Dr. V.K. Gautam on
10.05.2013 which was opined to be grievous in nature. On 19.03.2013
FIR No. 92/13 under Section 279, 337 IPC got registered at PS New
Usman Pur, Delhi.
3. On the basis of pleadings and evidence led by the parties,
impugned award dated 13.04.2017 was passed by Motor Accident
Claims Tribunal (henceforth referred to as the Tribunal) of Rs.
99,317/- alongwith interest at the rate of 9% p.a. on the total
compensation amount from the date of filing of petition till
realization. The breakup of compensation awarded is as under:-
1. Compensation towards pain and suffering. Rs. 30,000/-
2. Compensation towards amenities of life. Rs. 0/-
3. Loss of future Income due to disability Nil
4. Loss of Income during treatment (51 Days) Rs. 49,317/-
5. Towards Servant/Attendant Charges Rs. 10,000/-
6. Towards Conveyance Rs. 5,000/-
7. Towards Special Diet Rs. 5000/-
8. Towards Medical Bills Rs. 0/-
TOTAL Rs. 99,317/-
4. The appellant has challenged the impugned award on the
ground he was falsely implicated in the present case, FIR No. 92/13
under Sections 279, 337 IPC. The Ld. counsel of the appellant has
submitted that the appellant was in Garh Ganga, UP i.e. more than 100
kms away from the place of the incident where he also got his car
pollution checked vide Pollution Control Certificate Ex.DW1/A. The
FIR was got registered after a gap of nine days after the incident. The
Tribunal without looking into the pollution control certificate believed
the statement of the claimant without any proof. The respondent being
a police official has all the ways to misuse the state machinery to
implicate the appellant. The Tribunal erred in ignoring the categorical
statements of the witnesses of him being away from the place of
incident and not being present at the spot of incident. The Tribunal
relied on the records of criminal case which is yet pending
adjudication without any evidence except delayed statement which he
made at a later stage i.e. on 19.03.2013, despite being fit on the date of
the accident. The respondent having met some minor accident, if any,
planned to extort compensation from appellant and made false
statement in a well planned manner. The Tribunal's award of
compensation is made without any basis and in absence of documents
to prove quantum of loss such as the statement of income, prescription
in support of the leave taken and is merely based on surmises and
conjectures and prayed that the order dated 13.04.2017 passed by the
Tribunal in DAR No. 14510/15 titled Sanjay Kumar Vs. Sanjeev
Bhardwaj be set aside.
5. Per contra, learned counsel for respondents supports the
impugned Award and submits that the compensation awarded is just
and fair. So, it is submitted that this appeal deserves to be dismissed.
6. The complainant has examined himself as PW1 and has filed
affidavit Ex.PW1/A as Examination-in-Chief. The respondent
Appellant has examined himself as RW1 and has filed affidavit
Ex.RW1/1 as Examination-in-Chief. The Appellant has examined
Smt. Santosh Bala (R1W2), his sister and has filed affidavit
Ex.R1W2/A as Examination-in-Chief. The complainant in his
affidavit Ex.PW1/A has specifically stated that he met with an
accident due to the rash and negligent driving of the appellant who
was driving the offending vehicle on 10.03.2013 near petrol pump,
ISBT Road, Delhi and he received injury on his person and was later
hospitalised.
7. It is admitted fact that Respondent was hospitalised in JPC
Hospital vide MLC No. 1021/13 and later in Sushruta Trauma Centre
for conducting X-ray. The plea of Appellant that the complainant due
to personal grudge gave vehicle No. UP-16T-0847 as offending
vehicle does not seems to be correct.
8. The appellant in his affidavit in Para No. 7 has alleged that the
complainant threatened him over a telephonic call and thereby tried to
extort money or otherwise face consequences, this plea, loses its
significance for want of CDR. Further, plea of the Appellant a quarrel
broke between him and complainant 15 days before the alleged
incident took place also does not seems to be correct. The Appellant
has not put any suggestion to the complainant regarding the reason of
quarrel. Mere saying so is an afterthought version to create artificial
evidence.
9. The fact on record establishes that the incident took place on
10.03.2013 at around 12 PM. Thereafter, the injured/complainant was
taken to JPC Hospital which is duly supported with MLC No. 1021/13
and was duly hospitalised. Thereafter, his ankle joint was X-Rayed
and report was given. The FIR discloses the vehicle No. UP-16T-0847
which was being driven by the appellant rashly and negligently which
caused the accident.
10. Plea of Alibi, onus to prove the alibi is on the appellant,
appellant has neither examined the source of the pollution Control
Certificate Ex.DW1/A, nor he has examined anyone from the issuing
authority to prove that offending vehicle was present at the pollution
check point on the relevant time and at the relevant place. Further, The
witness for Appellant, Smt. Santosh Bala (sister of Appellant) was
examined by the appellant who has not stated anything about the
offending vehicle being pollution checked at Phoolwati Paryavaran
Sewa Samiti, Krishna Service Station, Delhi-Garh Road, Kuchesar
Chopla, Hapur. Mere saying that he was away from Delhi is not
sufficient unless he discharges his onus to this effect.
11. The Complainant/Respondent has furnished document showing
his leave from 10.03.2013 to 29.04.2013 vide Order No. 11782-11826
dated 04.09.2013 Ex.PW1/1 which shows that Complainant took leave
only after the date of accident. Moreover, His medical treatment in
Sushruta Trauma Centre vide discharge summary Ex.PW1/2 and MLC
No. 1021/13 shows that the injury was grave in nature for which the
Complainant naturally would require bed rest. The Inspection report of
the complainant's motorcycle bearing No. DL-8SAM-9594 dated
19.03.2013 shows signs of accident which shows that accident
occurred. His salary slip for the month of March Ex.PW1/3 is also on
record according to which the Tribunal passed the compensation.
12. As discussed above I find no infirmity with the impugned award
passed by the Tribunal. Therefore, the present petition is dismissed
and impugned award is upheld.
13. Let one copy of this judgment be sent to the concerned Court.
No order as to costs.
I.S.MEHTA
(JUDGE)
DECEMBER 21, 2018
