AMITAVA ACHARJEE Vs. KULWANT SINGH

JUDGEMENT

(1.) THESE are seven appeals three of them have been filed by the Insurance Company seeking to impugn the Award and four appeals have been filed by the claimants seeking enhancement of the compensation. The brief facts are that on 28.12.2008 four members of the family, namely, Amitava Acharjee, his wife Mondira Acharjee, daughter Anuradha Acharjee and son Ayush Acharjee were returning from Amritsar to Delhi. Shri Amitava Acharjee was driving the car. When they reached near Bahalgarh crossing, GT Road, Sonipat, a truck driven by Kulwant Singh driver of the offending vehicle rashly and negligently overtook the car of Mr.Amitava Acharjee and without giving any indicator turned towards the left side. Having turned to the left the vehicle came to a halt leaving no space for the vehicle of the claimant. Shri Amitava Acharjee applied sudden emergency brakes but on account of there being no space left by the offending vehicle his vehicle struck against the rear portion of the offending vehicle. All four occupants suffered injuries and were moved to the Civil Hospital. Smt.Mondira Acharjee succumbed to her injuries.

(2.) FIRST I will deal with the Mac.App.No.715/2013. This is an appeal filed by the claimant and pertains to claim petition No.149/2010 by which the claimants had sought compensation for the damage caused to their vehicle. It is submitted by the claimants that their insurance policy related only to a third party insurance, theft, FIR and P.A. and not damage to the vehicle. It is urged that the Tribunal noted that the claimants had incurred an expense of Rs.1,08,120/ - on repair of the vehicle. The Tribunal, however, noted that the bills pertained to new parts fitted in the car. The Tribunal further noted that the car was about eight years old. Hence, in the facts and circumstances the Tribunal awarded Rs.50,000/ - as just compensation on account of damage to the vehicle of the claimants.

(3.) IN my opinion, there is no merit in the present appeal. The Tribunal has rightly awarded Rs.50,000/ - as just and fair compensation on account of damage to the vehicle of the claimant. Keeping in view the fact that the vehicle was about eight years old there is no reason to interfere in the Award. The present appeal is dismissed.