JUDGMENT Mr. T.P.S. Mann, J. (Oral) - Vide impugned award dated 1.5.2010, the Motor Accidents Claims Tribunal (FTC), Karnal awarded an amount of Rs.1,31,084.71p. to the claimant/appellant as compensation on account of the damage caused to his tractor bearing registration No. HR-05-Q-8152. In the present appeal filed by the claimant, prayer has been made for enhancement of the compensation amount. 2. On the basis of the various bills submitted by the appellant regarding the repairs/change of parts, denting, painting, etc. of the tractor in question the Tribunal awarded an amount of Rs.1,28,584.71p. In addition to the same, an amount of Rs.2,500/- was granted on account of crane charges. 3. Counsel for the appellant has submitted that the tractor in question remained out of order for a period of five months and the appellant had to engage the services of another tractor owner for tilting his land during the said period. Therefore, the appellant be granted further sum at the rate of Rs.20,000/- per month for which the tractor remained under repair. 4. Counsel for respondent No.3-Insurance Company has submitted that there is no material available on the file to indicate that the tractor remained under repair for a period of five months and, therefore, the compensation amount does not require enhancement. 5. Bills Ex.P-1 and P2 were issued on 3.10.2008 for an amount of Rs.1,28,584.71p. These bills have been proved by PW4 Rajinder Singh. In his examination-in-chief, he had deposed that the tractor was repaired in his workshop and the aforementioned bills were issued on 31.10.2008 which amount was paid by owner of the tractor in cash. He further stated that the tractor was brought to his workshop for repair in the month of May, 2008. During his cross-examination, he said that the tractor after repair, was handed over to its owner on 3.10.2008 and at the same time, the payment was made. From the above material available on the file, it stands proved that the tractor could not be put to use for a period of about five months as the same remained under repair. For the reason that the appellant would have engaged the services of another tractor owner for tilting the land, this Court is of the considered view that an amount of Rs.20,000/- in all can also be granted as compensation to the appellant. 6.
For the reason that the appellant would have engaged the services of another tractor owner for tilting the land, this Court is of the considered view that an amount of Rs.20,000/- in all can also be granted as compensation to the appellant. 6. Resultantly, the appeal is partly allowed by enhancing the compensation amount by Rs.20,000/-. The same shall fetch interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realisation. All the respondents shall be jointly and severally liable to pay the enhanced amount of compensation as well. ---------0.B.S.0------------