Lakhvinder Singh vs Vishupal And Ors
2024 Latest Caselaw 6344 P&H

Punjab-Haryana High Court

Lakhvinder Singh vs Vishupal And Ors on 20 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:039669

                            FAO-352-2004 (O&M)                                                          -1-



                            257-2

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                         FAO-352-2004 (O&M)
                                                                         Reserved on : 11.03.2024
                                                                         Date of Decision : 20.03.2024


                            Lakhvinder 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.

integrity of this order/judgment.

                                                                                      2024:PHHC:039669

                            FAO-352-2004 (O&M)                                                          -2-

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 Balvinder Singh and Angrej Singh remained at the spot for

ten minutes and probably much longer. The claimant-appellant - 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 as has come in the evidence in the criminal case 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

integrity of this order/judgment.