NARESH KUMAR Vs. SONU AND ORS.

JUDGEMENT

(1.) In this second round of litigation, claimant-appellant has challenged the Award of Motor Accident Claims Tribunal, Gurgaon dated 15.03.2010 passed in terms of Section 166 of the Motor Vehicles-Act, 1988 (in short "the Act") whereby he has been awarded a sum of Rs. 4,29,000 as compensation on account of the accidental injuries and out of which Rs. 1,99,520 have been ordered to be paid to Dr. Subhash Khanna PW-5. Heard Mr. S.K. Tripathi, Advocate appearing on behalf of Ms. Sharmila Sharma, Advocate for the appellant as well as Mr. Vipul Aggarwal, Advocate representing respondent No. 2A.

(2.) The case of the claimant which is not controverted by the owner-respondent, that it was on 04.10.2008, the minor claimant Naresh Kumar was going with his aunt Maya Devi in a car make Maruti Alto bearing registration No. HR26-AH-8202 being driven by Sonu respondent and which vehicle is stated to be owned by Harkesh Singh Chauhan and Satyavir respondents and insured with M/s. Reliance General Insurance Company Ltd. at the time of accident.

(3.) The unison arguments of both the sides that the findings qua issue No. 1 that the accident took place due to rash and negligent driving of the driver Sonu has been laid to rest as the same has never been challenged by any of the respondents. That leads to the manner of determination and quantum of the compensation as has been arrived at by the learned Court below. What baffles the Court is that in the absence of any claim/counter-claim of claimant's witness Dr. Subhash Khanna from Healers Hospital, Gurgaon, who has been examined as PW-5, who had initially treated the injured, and only a passing remark has been made by the witness that the claimant has not paid his balance amount of Rs. 1,99,520/-. Purely on this unsubstantiated stand of this PW-5 a comprehensive adjudication, that too in the absence of any issue, this amount has been ordered to be reimbursed to the said witness.