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1 FAO-4243-2007 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO-4243-2007 (O&M) Reserved on: 28.02.2025 Pronounced on: 06.03.2025 Savita
......Appellant Vs. Jasmer Singh and others ......Respondents
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Sukhdev Singh and Mr. Aashish Gupta, Advocates for the appellant. Mr. Vinod Gupta, Advocate for the respondent-Insurance Co. **** SUDEEPTI SHARMA
J.
1. The present appeal has been preferred against the award dated 23.07.2007, passed in the claim petition bearing MACT No. 166-2007 filed under Section 163-A of the Motor Vehicles Act, 1988 passed by learned Motor Accident Claims Tribunal (FTC), Karnal (for short, 'the Tribunal') vide which the claim petition filed by the appellant was dismissed.
2.
Learned counsel for the appellant contends that the claim petition filed by the appellant is dismissed on the ground that there was no evidence to show that the appellant received any treatment for injuries or spent any amount on her treatment, on account of the injuries suffered by her in an accident, which occurred on 22.10.2005. .
3. Per contra, learned counsel for respondent-Insurance Company contends that the claim petition has rightly been dismissed. He, thus prays for dismissal of the appeal. Gaurav Arora 2025.04.03 16:25 I attest to the accuracy and integrity of this document Gaurav Arora 2025.04.09 12:23 I attest to the accuracy and integrity of this document
2 FAO-4243-2007 (O&M)
4. I have heard learned counsel for the parties and perused the whole record of this case.
5. A bare perusal of the record shows that there is no evidence to show that the appellant sustained any injury in the alleged accident or was hospitalized or received any treatment for the injuries suffered by her.
6. In view of the above facts and circumstances of the present case, I do not find any infirmity in the award dated 23.07.2007 passed by learned Tribunal and the same is upheld.
7. Consequently, the present appeal is dismissed being devoid of any merit.
8. Further Insurance Company is directed to disburse the current schedule fees to Mr. Vinod Gupta, Advocate, within a period of twenty days from the date of receipt of certified copy of this judgment.
9. Pending applications, if any, also stand disposed of.
(SUDEEPTI SHARMA)
JUDGE 06.03.2025 Gaurav Arora
Whether speaking/non-speaking : Speaking
Whether reportable : Yes Gaurav Arora 2025.04.03 16:25 I attest to the accuracy and integrity of this document Gaurav Arora 2025.04.09 12:23 I attest to the accuracy and integrity of this document