J V LOBO Vs. D PADMANABHA KUMAR

JUDGEMENT

(1.) THE Shop of the petitioner in MVC No. 725/93 is damaged in a motor vehicle accident. The insurance Surveyor has assessed the damage at Rs. 5,400/- towards the cost of repairs. The petitioner claimed Rs. 1,05,000/- towards the cost of repairs. The Tribunal dismissed the petition on the ground that the petitioner has failed to prove the ownership of the building.

(2.) THE view taken by the Tribunal is untenable. The appellant-petitioner is obviously an occupant of the building and he is running business. Therefore, the petitioner is entitled to maintain an action for the damage caused to the building and the damage caused to the property in the building. There is no other rival claim disputing the right of the petitioner to seek compensation. The possessory rights of the petitioner is sufficient to enable for maintaining the claim. It is not necessary for the Tribunal to go into detail about the Proprietary rights of the petitioner over the building. It is sufficient when the petitioner established that he is in lawful occupation of the building, he is entitled to maintain the action. Surveyor has assessed the damages caused to the building around Rs. 5,400/- On overall consideration, the petitioner to be granted Rs. 10,000/towards the damage caused to the building with interest at 6% p. a. from the date of petition till payment. Accordingly, the appeal is allowed in part as indicated above.