Extracted from the PDF above. The PDF is authoritative.
IN TH 232
Rajpal Sha
Sanjeev K
CORAM:
Present:-
NIDHI GU
injured/clai passed by whereby th
pertains to appellant si his behalf. the basis of
petition wa of injuries dated 19.08 FAO-802-2022 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR
FAO No.802 of 2
Date of decision al Sharma Versus eev Kumar and others
AM:- HON'BLE MS. JUSTICE NI
None for the appellant. HI GUPTA J. (Oral) The present appeal has ed/claimant–appellant assailing the ed by the learned Motor Accident eby the claim petition filed by the app At the outset, it is pertinent to ins to the year 2022. None has put in a llant since its inception. Even today, th ehalf. This Court, therefore, proceeds asis of the material available on record A perusal of the impugned Aw ion was filed by the appellant seeking juries allegedly sustained by him in 19.08.2018 at about 5:00 PM. 1 UNJAB AND HARYANA IGARH 2 of 2022 (O & M) cision :-23.04.2026 …..Appellant …..Respondents E NIDHI GUPTA has been preferred by the the Award dated 07.10.2021 ident Claims Tribunal, Karnal, he appellant has been dismissed. ent to note that the present appeal ut in appearance on behalf of the day, there is no representation on oceeds to examine the matter on record. ned Award reveals that the claim eeking compensation on account im in a motor vehicular accident VIJAY ASIJA 2026.04.24 16.38 I attest to the accuracy and integrity of this document
has dismis was an un No.1055 d Police Stat has been f assumes sig
material o admitted in period fro appellant t accident st which clea his vital pa
left leg wa months fro been produ alleged acc
recorded by evidence an interference FAO-802-2022 (O & M) The learned Tribunal, upon ap dismissed the claim petition primarily an unexplained delay of 10 days in 055 dated 28.08.2018 under Sections e Station City, Karnal. No plausible been furnished by the appellant to mes significance in the facts and circum Further, the Tribunal has right rial on record to demonstrate tha tted in any hospital or was underg d from 19.08.2018 to 28.08.2018.
llant that he remained unconscious f ent stands belied from the Medico h clearly records that the appellant w ital parameters were normal at the time It has also come on record tha leg was operated upon after a consi ths from the date of the accident, an produced to establish any nexus betw ed accident. In view of the aforesaid ci rded by the learned Tribunal are based ence and do not suffer from any illegal ference by this Court. 2 pon appreciation of the evidence, imarily on the ground that there ays in lodging the FIR bearing ections 279, 337 and 338 IPC at usible or convincing explanation nt to justify such delay, which circumstances of the case. s rightly observed that there is no te that the appellant remained ndergoing treatment during the .2018. The plea taken by the ious for about 10 days after the edico-Legal Report (Ex.P-13), lant was conscious, oriented and he time of examination. rd that the alleged fracture of the considerable delay of about 11 ent, and no cogent evidence has s between the said injury and the aid circumstances, the findings based on proper appreciation of illegality or perversity warranting VIJAY ASIJA 2026.04.24 16.38 I attest to the accuracy and integrity of this document
pursuing t prosecuting
same is her
April 23, 2 Vijay Asija
Whether spea Whether Repo
FAO-802-2022 (O & M) Moreover, the continued abs ing the present appeal further ref ecuting the matter. Consequently, finding no meri is hereby dismissed. Pending application(s), if any, , 2026
r speaking/reasoned Yes / No r Reportable Yes / No
3 ed absence of the appellant in er reflects lack of interest in o merit in the present appeal, the if any, shall stand(s) disposed of. ( NIDHI GUPTA )
JUDGE VIJAY ASIJA 2026.04.24 16.38 I attest to the accuracy and integrity of this document