NEW INDIA ASSURANCE COMPANY LTD Vs. BHAGAJI

JUDGEMENT

(1.) This is an Insurance Company's appeal, taking exception to the judgment and award dtd. 30/4/2008 passed by the Member, Motor Accident Claims Tribunal (Tribunal), Aurangabad in Motor Accident Claim Petition No.26 of 2002. Under the impugned judgment and award, the claimants therein, respondent Nos. 1 and 2 herein, have been granted compensation of Rs.1,50,000.00 with interest at the rate 9@ per annum from the date of petition to the date of realisation. It was a third party property damage claim.

(2.) Facts giving rise to the present appeal are as under: It was an accident between a Matador bearing registration No. MH-20-A-6409 and a Scooter carrying large truck bearing registration No. GJ-15-X-148. The Matador belonged to Jayaji (deceased). He (deceased) was at the wheel of the Matador when accident took place. As a result of the injuries suffered in the said accident, Jayaji passed away. On due investigation, the driver of the truck was proceeded against. The parents of Jayaji (claimants) had filed claim for compensation on account of death of their son - Jayaji. The said petition was allowed. The award passed therein has attained finality. As such, there is no question as to whether the accident took place due to rash and negligence on the part of the deceased.

(3.) Both the vehicles involved in the accident, were insured with the appellant - New India Assurance Company Limited. In the accident, the Matador was extensively damaged. It became unpliable. The claimants being successors in interest of the Matador owner - Jayaji, had made an Own Damage (O.D.) claim to the appellant - Insurance Company. It was allowed, granting compensation of Rs.1,20,000.00. Thereafter, the petition came to be filed against the driver, owner of the offending vehicle and its insurer (appellant herein) for compensation on account of damage of the Matador. It was the case of the claimants that the motor mechanic gave an estimate of Rs.3,14,800.00 towards cost of repairs of the Matador so as to bring it on road. The compensation amount received in O.D. claim, has all been directly received by the Maharashtra State Finance Corporation (M.S.F.C.), which had granted loan for purchase of Matador. The cost of new Matador at the relevant time was Rs.4,39,500.00 . The insurer estimated the value thereof at Rs.3,66,000.00.