RAM KISHAN Vs. THE SECRETARY TRANSPORT, PUNJAB GOVERNMENT CHANDIGARH AND OTHERS
LAWS(P&H)-1978-1-26
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 05,1978

RAM KISHAN Appellant
VERSUS
The Secretary Transport, Punjab Government Chandigarh And Others Respondents

JUDGEMENT

Ram Kishan, J. - (1.) THIS is an appeal by Ram Kishan claimant against the order of Motor Accident Claims Tribunal, Hoshiarpur, dated November 28, 1970, whereby the claim application was dismissed
(2.) BRIEFLY the facts of the case are that the applicant along with one Nasib Chand was going on in bullock cart on October 16, 1967, near by pass Urmar. It is alleged that bus bearing No. 6701 PNP driven by Harbhajan Singh came from behind at a high speed and struck against the can On account of the accident, it is alleged the applicant and the he -buffaloes received injuries and the later after sometime died. The applicant filed a claim for Rs. 15,000/ -. The petition was contested by the respondent who inter alia pleaded that the accident took place on account of the negligence of the applicant. The Tribunal held that the accident took place on account of the negligence of both the applicant and the driver of the bus. It further held that the applicant failed to prove the price of he -buffaloes and the nature of injuries received by him In view of the aforesaid findings, it dismissed his claim He has come up in appeal to this Court. It is contended by the learned counsel for the appellant that the appellant became incapable of doing any work after the accident and he was entitled to damages. He further submits that he was also entitled to the damages suffered by him on account of death of the he -buffaloes and the expenses incurred by him for his treatment. I have considered the submissions of the learned counsel but do not find any merit in them. The appellant failed to show that his suffered any such injury by which he became disabled to work Dr. Ramgopal Singh, P.W. 6 who treated the appellant said that the appellant attended the hospital as an outdoor patient for dressing up his injuries on October 16, 1967 and October 17, 1967. He did not state the nature of the injuries and any disability suffered by him. The appellant did not give the details of the expenses incurred by him on the treatment. It appears from the above said circumstances that the appellant suffered minor injuries and he did not incur any expenditure for his treatment. In this situation, it cannot be held that the appellant became incapable of doing any work on account of the injuries suffered by him and that he incurred any expenses for his treatment.
(3.) IT is true that he buffaloes of the appellant died on account of the accident. It is, however, a settled proposition of law that no damages can be awarded to a claimant on account of loss of the property in a claim petition under section 110 of the Motor Vehicles Act. In case the appellant wanted damages on account of the death of he -buffaloes, he should have sought his relief before an appropriate court. The Tribunal under the Act could not grant damages to him in this regard.;


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