PRATAPSINH SHIBSINH SOLANKI Vs. RATANSING RAMSING HARIJAN

JUDGEMENT

(1.) THE original claimant has approached this Court by way of this First Appeal against the judgment and award made by MACT Panchmahals at Godhra dated 26th March, 1982 in MACP No. 330 of 1981. The limited question that has been agitated in this appeal is that though the Claims Tribunal has found that appellant deserves to receive Rs.7,500=00 by way of compensation for the damage caused to his property since he has received this amount from his insurance company ie., the New India Insurance Co. Ltd., namely respondent no. 3 herein, cannot be saddled with the liability to satisfy the award.

(2.) THE vehicular accident in question took place on 15th November, 1980. In the said accident, the appellant's motor vehicle, namely truck bearing registration no. GTK 5159 got involved. It is the say of the appellant that when his vehicle was proceeding on Piplod Godhra highway, near Piplod around 5:00 a.m., another vehicle, namely truck bearing registration no. MP -1 -4106 came from the opposite direction. According to the appellant, the said vehicle was driven in a rash and negligent manner, as a result of which, there was collision between the two vehicles. According to the appellant his vehicle was badly damaged and it required extensive repairing. He also claimed that because of the vehicle remaining idle under repairs in the workshop, he lost income that could have been generated by the said vehicle, had it not met with the accident. The appellant, therefore, made a claim of Rs.20,000=00 before the Claims Tribunal.

(3.) THE truck bearing registration no. MP -1 -4106 was deleted from the proceedings by purshis at Exh.10. Original opponent no. 2, owner though served did not remain present before the Claims Tribunal. So far as respondent no. 3 New India Insurance Co. Ltd., is concerned, it filed written statement at Exh. 16. The insurance company resisted the petition on the ground that the averments made in the claim petition were not proper and they were not admitted. It also pleaded that the insurance of the appellant's truck was comprehensive one and, therefore, it must have received the compensation from its own insurance company and, therefore, the New India Insurance Co. Ltd., was not liable to pay any amount. It, therefore, prayed that their petition be dismissed.