High Courts(2009) 10 P&H CK 0062

Union of India and Others vs Vikas Gupta and Others

Punjab And Haryana At Chandigarh · Decided on 5 October 2009 · Citation: (2010) 1 RCR(Civil) 66802

HON’BLE JUDGES
Rakesh Kumar Garg, J
CASE NUMBER
First Appeal Order No. 4790 of 2009

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Judgment

6 paragraphs · 222 words

Rakesh Kumar Garg, J.

1 Foir the reasons mentioned in the application, delay of 33 days in filing this appeal is condoned. CM stands disposed of. FAO No. 4790 of 2009 (O&M)

2 This is owner''s appeal challenging the impugned award whereby the claimantrespondent No. 1 has been awarded compensation on account of injuries suffered by him due to rash and negligent driving by the driver of the offending vehicle.

3 The only contention raised by the appellants is that finding of the Tribunal on the issue of negligence of the driver of the appellants is erroneous and is liable to be set aside/reversed in their favour.

4 have perused the impugned award and find that the Tribunal on appreciation of evidence on record has recorded a finding of fact that the accident in question was caused due to rash and negligent driving of the driver of the offending truck of the appellants. There is nothing on record to show that the aforesaid findings are contrary to the record or perverse in any manner. Even learned counsel for the appellants could not point out any evidence on record which has been ignored by the Tribunal whi le reaching the aforesaid conclusion on the aforesaid issue.

5 No other point has been urged. Thus, I find no merit in this appeal. Appeal dismissed.