LAWS(MPH)-1993-2-15

KESHARBAI Vs. SADASHIV DIXIT

Decided On February 01, 1993
KESHARBAI Appellant
V/S
Sadashiv Dixit Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 28.6.1983 of the IInd Addl. Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 44 of 1982 whereby the respondent has been awarded a compensation of Rs. 6,500/ - for damage caused to the house because of the forceful impact of truck No. MPI 3219 owned by appellant No. 1 and driven by respondent No. 2.

(2.) THE admitted facts of the case are that appellant No. 1 is the owner of truck No. MPI 3219. It was driven by appellant No. 2, a driver who was under the employment of appellant No. 1. Appellant No. 2 was carrying the wooden logs in the truck. While reversing the vehicle it dashed against the house of respondent who is an advocate practising at Indore.

(3.) NON -applicants -appellants here denied the claim and submitted that the damage has been exaggerated and further that during the reversing of the vehicle no damage was caused.