RAMESH CHANDRA DUTT Vs. BASAPPA AND ORS.

JUDGEMENT

(1.) This appeal by the owner of the motor vehicle which sustained damages, as well as being its in -mate suffered injuries, aggrieved by the Judgment and award dated 3.1.2011 in MVC 7265/2009 on the file of the III Addl. Senior Civil Judge and Motor Accident Claims Tribunal, Bangalore (SCCH -18), for short 'MACT', is insofar as quantum of compensation towards damages and injury.

(2.) As regards damages to the motor vehicle bearing No. KA -04 -MF 6938 belonging to the appellant and driven by him, in an accident that occurred on 22.6.2009 at about 10.20 a.m. due to the rash and negligent driving of the motor vehicle being Tata sumo bearing certificate of registration No. KA -03 -MD -5143 is not in dispute. Respondents, owner and driver of the offending vehicle though served with notice are conspicuously absent and unrepresented.

(3.) There is force in the submission of the learned counsel for the appellant that the MACT declined to award compensation for damages to the vehicle despite the claim as discernable from the averments in the petition registered as MVC 7265/2009. It is the oral testimony of PW -1, appellant that the insurer of his vehicle paid Rs. 1,17,808/ - as against the claim for Rs. 1,60,804/ - towards repairs, spare parts and labour chargers while the remaining Rs. 42,996/ - was paid by the appellant. Appellant placed before the MACT Ex. P9 the copy of the certificate of registration of the motor vehicle belonging to the appellant; Ex. P10 the invoice/cash memo dated 21.8.2009 of Trident Automobile Pvt. Ltd., for Rs. 1,60,804/ - towards spare parts, labour charges, accident repair charges, paint material and painting charges for the vehicle bearing certificate of registration No. KA -04 -MF 6938 and Ex. P11 the Bank receipt voucher of Trident Automobile Pvt. Ltd. For having received on the account of the appellant Rs. 1,17,808/ - and Rs. 22,512/ - in cash, totaling to Rs. 1,37,139/ - from Reliance Insurance drawn on HDFC Bank in terms of the invoice on 12.9.2009, while two bank receipt vouchers dated 13.7.2009 for Rs. 30,000/ - and dated 9.9.2009 for Rs. 12,996/ - by the appellant to Trident Automobile Pvt. Ltd., in addition to a receipt Ex. P12 for Rs. 30,000/ - issued by Trident Automobile Pvt. Ltd.