NATIONAL INSURANCE CO LTD Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal has impugned the Award dated 18.3.2010. Compensation in the sum of Rs.1,92,000/- had been awarded in favour of the petitioner along with interest at 7.5%.

(2.) FACTS emanating are that on 4.4.2003 the petitioner being a driver of an Indica Car while driving this vehicle, at the Burari red light chowk, suffered an accident with a tempo; contention being that the tempo was being driven in a rash and negligent manner. Indica car of the petitioner was damaged and driver sustained injuries. FIR No.148/2003 had been registered against the driver of the offending vehicle.

(3.) "Damages to any property" as occurring in this Section refers to a direct damage to the property alone i.e. to the vehicle in question which in this case was the TATA India vehicle. Damages assessed on that account was rightly awarded in the sum of Rs.1,45,000/-. The damages or loss suffered by the owner of the vehicle due to the vehicle having remained idle during the period of its repair are not permissible under Section 165 of the M.V.Act. The grant of these amounts is an illegality; they are liable to be set aside. This view is supported by the judgment of the Andhra Pradesh High Court reported in New India Assurance Co. (supra); It is only the Civil Court which can pass a decree on other counts;