ORIENTAL INSURANCE CO. Vs. K.P. KAPUR

JUDGEMENT

(1.) THE appellant Oriental Insurance Company Ltd. has assailed the order of Motor Accident Claims Tribunal (in short the Tribunal) on two counts - (i) that the respondent had received compensation from the New India Assurance Company for the loss of his car, thereforee, he cannot be allowed to be doubly enriched by also claiming compensation for the damage of that car under the Motor Vehicles Act (in short the Act), Secondly, there was no evidence that the car was a total loss.

(2.) IN order to appreciate the challenge on these counts, lets examine the relevant facts, those are that the respondent Mr. K.P. Kapur, an Advocate by profession parked his car on 2nd September, 1981 at about 7 or 8 a.m. at Abdul Aziz Road near his residence. A DTC bus driven by respondent No. 1 came in a fast speed driven rashly and negligently. The bus came from the side of Arya Samaj Road and struck against the stationary car of the respondent. The impact was so severe that the car of, the respondent was completely damaged. It was declared a total loss and un reliable by M/s. Mahajan Motors. According to respondent this car was newly purchased by him in 1976. The market value of the car as on the date of the accident was not less than Rs. 60,000/ -. He lodged a claim with the New India Assurance Company with which this car was insured. Since the car was a total loss hence he was paid Rs. 36,000/ - i.e. the amount for which the car was assured.

(3.) HAVING held mat the accident was caused due to the negligence of the offending bus being driven by its driver in a reckless manner, the question which arose for consideration was, whether the car was a total loss or not? On this point no issue was raised before the Tribunal. The facts were admitted that the car was completely smashed and it became un reliable . So much so the testimony of Mr. Kapur that the car was completely damaged and it was a complete loss and un reliable remained un assailed on record. His statement that the car was declared a total loss by M/s. Mahajan Motors was not challenged. Moreover the fact that because of the total loss the New India Assurance Company Ltd. with which this car was insured paid Rs. 36,000/ - to Mr. Kapur fully proves that the car was a total loss due to this accident. Hence the finding of the Tribunal that the car was a total loss being based on cogent evidence cannot be interfered.