SITARAM GILDA Vs. KISHORE KUMAR

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act, 1988, has been preferred by appellant against the award dated 6.4.2002, passed by VIIth Additional Motor Accident Claims Tribunal, Indore in Claim Case No. 697 of 05, wherein, for the loss sustained by original claimant Sitaram [since dead], a sum of Rs. 40,000 has been awarded. The appeal is for enhancement.

(2.) FACTS material for deciding the said appeal and which have not been disputed before us seriously, are mentioned herein below:

(3.) ON 18.5.1995, an accident had taken place under the peculiar facts and features, whereby the said shed was gutted down completely. According to the appellant, on the relevant date at about 7 p.m. a loaded truck bearing registration No. CII 7302 belonging to respondent No. 2; driven by respondent No. 1 and insured with respondent No. 3, dashed an electric pole standing nearby the shed of the appellant. Dur to dash of the truck to the electric pole, the fire broke in the shed of the appellant. In the fire the shed was completely gutted and has fallen.