GURUDARSHAN SINGH LAMBA Vs. AFJAL SIDDIQUI

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act, 1988 (for short "the Act of 1988") has been filed by the appellant/claimant being aggrieved by the award dtd. 28/4/2018 passed by the Motor Accident Claims Tribunal Durg, District Durg (CG) in Claim Case No.116/2016.

(2.) Facts of the case in brief is that on 23/4/2016, at about 10.40 am the appellant's vehicle truck water tanker bearing registration No. CG 07-ZC-3689 was on government duty and watering the plants on a divider at village Barbaspur when the offending vehicle truck trailer bearing registration No. CG 04-JA-6689 being driven rashly and negligently hit the vehicle of the appellant and caused damaged. It is alleged that the vehicle was crushed on account of the said accident. Report was lodged at police station Basna in Crime No. 92/2016 and the charge sheet was filed in the Court of Judicial Magistrate First Class, Basna against the respondent No.1.

(3.) The appeal is filed by the claimant in a motor vehicle accident alleging that his vehicle bearing registration No. CG 04-JA-6689 sustained damages in an accident which occurred on 23/4/2016. An assessment was made by the Surveyor, and according to him, the vehicle is not in a position to run on the road as per the guidelines of the government and opined that due to loss of the vehicle, the resale value of the same is reduced to Rs.75,000.00. However, he gave a report stating that after depreciation, the cost for repairs would come to 75,000/-. Appellant/claimant submitted a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the MV Act) claiming the said amount. The Tribunal by its award dtd. 28/4/2019 having found that the appellant/claimant is entitled for compensation for damage to his vehicle for Rs.25,000.00. However, it was held that a third party claimant is entitled for the actual cost of the vehicle damage which was necessary to make the vehicle roadworthy.