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Rajasthan High Court · body

2009 DIGILAW 877 (RAJ)

Shailendra Pareek v. Nand Kishore

2009-03-26

GUMAN SINGH

body2009
Judgment Hon'ble SINGH, J.—Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of claimant-appellant for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur vide judgment dated 30.1.1999 whereby a sum of Rs.5,000/- was awarded by way of compensation for the injuries caused to the injured-appellant. 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the injured-appellant was driving the car No.RJ-14C-1441 when it was hit by the offending jeep No.RJ-14C-0669 coming from opposite direction. It is submitted that injured-appellant was the driver while the registered owner of the car was Sh.R.K.Gupta. The driver-claimant was entitled to get the car repaired and hand over the same to the owner, thus he should have been granted amount of damages to the vehicle by way of statutory liability and that the learned Tribunal has wrongly disallowed the claim only on the ground that owner has not claimed the amount. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is also submitted that appellant-claimant is not entitled to receive the amount of damage to the car. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that appellant-claimant was driving the car at the time of accident and he had spent money for getting the car repaired and bills for repair have been submitted which are marked as EX.1 to 11. The bills are of more than Rs.6,000/-. Ex.15 is the driving license of appellant-claimant. As the Car was damaged in the accident and the appellant injured was driver and he got the car repaired, therefore, the finding of the learned Tribunal disallowing the compensation to the injured for damages of vehicle is not sustainable and same is set aside. 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.6,000/- as damages of the car by way of additional enhanced compensation from the date of appeal i.e. 26.3.99, with 6% interest to be paid within three months. 7. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.6,000/- as damages of the car by way of additional enhanced compensation from the date of appeal i.e. 26.3.99, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith.