Harpreet Singh vs Balwinder Singh And Ors
2024 Latest Caselaw 15862 P&H

Punjab-Haryana High Court

Harpreet Singh vs Balwinder Singh And Ors on 30 September, 2024

Author: Alka Sarin

Bench: Alka Sarin

                        IN THE HIGH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH


                        240                                          FAO-4911-2010 (O&M)
                                                                     Date of Decision : 30.09.2024


                        Harpreet Singh                                                  ....Appellant

                                                         VERSUS

                        Balwinder Singh and Others                                   ....Respondents



                        CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                        Present :   Mr. Gagandeep Sandhu, Advocate for the appellant.

                                    Mr. Neeraj Khanna, Advocate for
                                    Mr. R.N. Singal, Advocate for respondent No.3.

                        ALKA SARIN, J. (Oral)

1. Present appeal has been preferred by the appellant challenging

the award dated 05.10.2009 passed by the Motor Accident Claims Tribunal,

Gurdaspur (hereinafter referred to as the 'Tribunal') whereby the claim

petition filed by the appellant was dismissed as there was no evidence on the

record qua the treatment taken by the appellant.

2. Learned counsel for the appellant herein would contend that

another witness of the accident, namely, Jatinder Singh, who stepped into

the witness-box as PW-2, has stated that he was an eye-witness of the

accident and hence the Tribunal has erred in dismissing the claim petition.

3. Per contra learned counsel appearing on behalf of respondent

No.3 has stated that the eye-witness of the accident, namely, Jatinder Singh

appeared as PW-2 and he admitted in his cross-examination that he did not

witness the occurrence and hence it was clear that he was introduced later on

integrity of this order/judgment

as his name was not even mentioned in the application. It is further the

contention that the occurrence was not even reported to the police. Further

still, the bills, which were produced by the appellant, were all photocopies

and none of the bills/receipts had the parentage of the patient, his address or

age. The appellant has also not examined any doctor in support of the

injuries received by him.

4. Heard.

5. In the present case the appellant failed to produce evidence in

accordance with law inasmuch as the documents produced on the record

were photocopies of the bills and none was summoned from the concerned

hospital. Even the doctor has not stepped into the witness-box to depose qua

the alleged injuries stated to have been suffered by the appellant herein. The

argument of learned counsel for the appellant that another eye-witness of the

accident, namely, Jatinder Singh has stepped into the witness-box as PW-2,

is also belied by the fact that he admitted in his cross-examination that he

was not a witness to the said accident. In the absence of any evidence, no

fault can be found with the award passed by the Tribunal.

6. In view of the above, I do not find any merit in the present

appeal and the same is dismissed. Pending applications, if any, also stand

disposed off.

( ALKA SARIN ) 30.09.2024 JUDGE jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment