Judgment:
FAO No.2334 of 2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.8383-CII of 2014 in/and F.A.O.No.2334 of 2014 (O&M) Date of decision : 06.05.2014 Bharti Axa General Insurance Co.Ltd.....Appellant versus Anand and others .....Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.Subhash Goyal, Advocate for the appellant.
*** 1.
Whether Reporters of local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
AJAY TEWARI, J.
(Oral) C.M.No.8383-CII of 2014 For the reasons recorded, the application is allowed subject to all just exceptions.
Delay of 45 days in filing the appeal is condoned.
F.A.O.No.2334 of 2014 (O&M) This appeal has been filed by the insurance company against the award dated 17.10.2013 whereby an amount of Rs.1,00,000/- along with interest of 6% p.a.was granted in an injury case.
The only ground taken in the appeal is that the offending vehicle actually has not been proved to have been involved.
The only Sharma Ashish 2014.05.29 09:39 I attest to the accuracy and integrity of this document Chandigarh FAO No.2334 of 2014 (O&M) -2- reason advanced for this contention is that when the injured claimant was taken to the hospital, in the medical file it was fiRs.mentioned that he had had an accident with a trolly.
As per the learned counsel, the FIR was lodged after 36 days and it is clear from these two facts that a false case has been foisted upon the insurance company.
These two facts have been dealt with by the Tribunal in paragraph No.18 of the award.
The Tribunal had found that on the medical file there was a cancellation and the word 'trolly' has been scored out and the word 'car' has been written.
Further the Tribunal had noticed that once the appellant had been seriously injured much weight cannot be given to the late recording of FIR.
Even no person had been produced from the Government hospital to say that the original version given was that the accident had taken place with the trolly.
In the circumstances, it is difficult to fault the findings of the Tribunal and it has to be held that the preponderance of probability is on the side of the claimant.
Consequently, the appeal is dismissed and the award is maintained.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI ) May 06, 2014 JUDGE ashish Sharma Ashish 2014.05.29 09:39 I attest to the accuracy and integrity of this document Chandigarh