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2014 DIGILAW 647 (PNJ)

Balbir Singh v. Sri Ram

2014-03-27

JITENDRA CHAUHAN

body2014
JUDGMENT Jitendra Chauhan This appeal is directed against the award dated 25.08.1998 passed by learned Motor Accident Claims Tribunal, Hoshiarpur, wherein the learned Tribunal had awarded a sum of 40,000/as compensation on account of damage caused to the house, in accident. Out of the said amount of compensation, Insurance Company i.e. Respondent No.3 was to pay 6000/while respondent Nos. 1 and 2 was liable to pay the remaining amount to the claimant with costs and interest @ 12% per annum from the date of claim petition till realization of the amount. In brief, the facts of the case are that on the night intervening 11/12.06.1996 Sri Ram (claimant) and Telu Ram his neighbour started talking with each other. Meanwhile, at about 11.30 P.M., they saw truck bearing No. PB082088 coming from the side of Pojewal at a very reckless speed and its driver Balwinder Singh was driving the truck rashly and negligently in a zigzag manner as a result of which he lost control over the truck and struck with full force against the wall of the residential building and after breaking the wall it entered into the building with the result the roof of the building also collapsed. It is submitted by the learned counsel for the appellantowner of truck No. PB082088 that the Insurance Company is fully liable to pay the amount awarded as they have unlimited liability. Bakhshish Singh, Civil Engineer, (PW2) has deposed that on 15.08.1996 he went to village Karimpur Chahwala and inspected the house of Sri Ram son of Mansa Ram. It was damaged and he prepared site plan, Ex. A2, and the estimate, Ex.A3. He also evaluated the loss as 1,08,375.32 as per the Government rate. It was also deposed that the house was damaged due to the striking of something with the same. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. Keeping in view the report of the valuation, submissions made by the learned counsel for the claimant respondent No.1 and the fact that nothing was awarded towards the household articles, an additional amount of 1,00,000/is granted in respect of damage caused to the house in accident in question. The Insurance company is held responsible to pay the additional amount of 1,00,000/to the claimant. The Insurance company is held responsible to pay the additional amount of 1,00,000/to the claimant. The appellant and respondent No.2 are liable to pay the remaining amount to the applicant/respondent No.1. The Insurance Company is not liable to the third party as it is established that no amount is payable towards the third party risk. The accident in question damaged the house of the applicant respondent No.1. From the photographs and the surveyor report excessive damage caused to the building and whole structure of the building shaken as there are cracks. In view of the fact, the Insurance Company is not liable except an additional amount of 1,00,000/to be paid for third party. As such, the present appeal is without any merit and the same is hereby dismissed. In view of the report of the surveyer (Annexure R2) and the photographs damage is excessive. To meet the ends of justice, another amount of 1,00,000/awarded in favour of the appellant respondent No.1 and, the Insurance Company shall pay enhanced amount within eight weeks from today. In case, the amount is not paid it shall carry interest at the rate of 7 ½ percent per annum from the date of the filing of the present appeal till its realization. Cross objections are also allowed.