UNION OF INDIA Vs. ABDUL KALAM AZAD

JUDGEMENT

(1.) This appeal by the Union of India is directed against the award dated 09.01.2012 passed by the learned Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala whereby he dismissed the claim petition filed by the appellant, Union of India.

(2.) The claim petition was filed by the Union of India and the Officer Commanding 592(J) TPTPL (GREF) on the allegations that on 29.05.2002 a vehicle belonging to the claimants being TATA 407 bearing registration BA No.99C 18914 was moving towards Karimganj, a TATA bus (private bus) bearing registration No. AS-10-1849 came from the opposite side was driven rash and negligent manner and hit the vehicle of the claimant, Union of India causing loss to the vehicle and also causing loss to some televisions, photo frames and other glass articles being carried in the vehicle. Some officers and men traveling in the vehicle were also injured. It was claimed that because of the damage the vehicle could not be run for a long time and consequently Rs.12,11,376/- was claimed as compensation.

(3.) The claim petition was dismissed by the learned Tribunal. On the issue of negligence the learned Tribunal held that since the police case has not been finalised he could not decide who was negligent and therefore, rejected the claim petition. On merits he stated that the estimated had been prepared by the workshop of the claimant-GREEF and the same should have been prepared by the TATA Company and, therefore, he did not rely upon the estimate prepared.