R.P. ZUBER Vs. BASAVARAJAPPA AND ORS.

JUDGEMENT

(1.) Claimant in MVC.No.10/2008 on the file of MACT, Sagar, has come up in this appeal challenging the judgment and award dated 19.2.2011 in dismissing his claim petition. Though this appeal has come up for orders, since lower court record is received, at the request of counsel for the parties it is taken up for final disposal.

(2.) Brief facts leading to this appeal are as under:

(3.) Admittedly, in the accident dated 16.2.2006 there being total damage to the vehicle, the claimant immediately after the accident approached its insurer, namely IFFCO Tokio General Insurance Company Limited seeking to realize the value of vehicle, which was insured with it one month prior to the date of accident. However, in terms of the policy of said Insurance Company, the claimant was not entitled to get the entire value of the vehicle. Therefore, he opted for the best choice available to him in seeking to settle his claim on cash loss basis, for which Rs.4,39,000/- was offered by his insurer and in addition to that he was allowed to keep the fully damaged vehicle either to get it repaired if possible or to sell it as scrap and realize proceeds out of that. The claimant would state that he received Rs.4,39,000/- in full and final settlement of his claim against the insurer of his vehicle and thereafter, sold the damaged vehicle as scrap and realized a sum of Rs.2,50,000/-. With this, as against the value of vehicle at Rs.9,70,000/-, he realized Rs.6,89,000/- due to settlement with his insurer under cash loss scheme and also in selling the damaged vehicle as scrap. For the balance he filed a claim petition against the owner of offending vehicle, namely NWKRTC seeking recovery of the same to ensure that he would be able to secure the difference, which was quantified at Rs.2,81,000/-, plus the transportation and vehicles release expenses in a sum of Rs.19,000/-, to purchase another Brand new vehicle in place of damaged new vehicle, which was purchased in the month of January 2006.