LAWS(CHH)-2012-1-43

RAMKUMAR SAHU Vs. RAJENDRA PRASAD

Decided On January 25, 2012
RAMKUMAR SAHU Appellant
V/S
RAJENDRA PRASAD Respondents

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of compensation awarded by the 2nd Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 82/2010 vide award dated 27.01.2011.

(2.) AS against the compensation of Rs.1,74,000/- claimed by the claimant/appellant for damage of property by filing application under Section 166 of the Motor Vehicles Act (for short `the Act') due to motor accident on 12.05.2010, the Tribunal has awarded a total sum of Rs.17,000/- and in case of non-deposit of the award amount within 60 days, the Tribunal also awarded the interest @ 6% per annum from the date of application till its actual payment.

(3.) ON the other hand, Smt. Chitra Shrivastava, learned counsel appearing for respondent No.3/the New India Insurance Company Limited supported the award and submitted: the appellant failed to file any document regarding damages to his alleged S.T.D. P.C.O. shop. Even the appellant has not filed any document regarding ownership of such shop and the claim petition itself was not maintainable, and therefore, the appeal deserves to be dismissed.