BHOLA SINGH Vs. BAJRANG YADAVLABIC

JUDGEMENT

(1.) This appeal has been preferred by the Appellant/owner under Section 173 of the Motor Vehicles Act, 1988 against the award dated 25.01.2018 passed by the Motor Accident Claims Tribunal, Mungeli, District Mungeli (C.G.) in Claim Case No. 9/2016 by which, the claim petition filed by Respondent No.1/Claimant, was allowed to the extent of granting him of Rs.1,25,000/-.

(2.) The case in brief is that on the fateful day i.e. 14.07.2015 Respondent No.1/Claimant- Bajrang Yadav was sleeping alongwith his family in the house, at about 1.00 pm, he heard some sound of collision in front of his shop. He woke up and saw that Respondent No. 2, driver of the vehicle Trailor bearing registration No. CG-10 C-8110 driving the said vehicle in a rash and negligent manner breaking the shutters and wall of two shops entered into the shops, which were given on rent.

(3.) As against the compensation of Rs.3,00,000/- claimed by the Respondent No.1/Claimant by filing application under Section 166 of the Motor Vehicles Act, 1988 for damages of two shops in the motor accident on 14.07.2015, the Tribunal awarded a total sum of Rs.1,25,000/- as compensation along with interest @ 9% per annum from the date of application till its actual payment in favour of Respondent No.1/Claimant. The Tribunal also directed the Appellant/owner is liable for payment of compensation of Rs.1,19,000/- out of total amount awarded as compensation i.e. Rs.1,25,000/- and also liability was fastened upon the Insurance Company/Respondent No. 3 to pay Rs.6,000/- out of total amount of compensation.