SRI DIPAK KUMAR SAHA Vs. SRI KRISHNADHAN PAUL

JUDGEMENT

(1.) Heard Mr. D. Deb, the learned counsel for the appellant. Also heard Mr. A. Gon Choudhury, the learned counsel for the insurer.

(2.) This appeal is preferred by the appellant for enhancing the amount of compensation payable to Rs.2,11,074/ - from Rs.67,120/ - awarded by the learned Member, Motor Accident Claims Tribunal (The Addl. District Judge, Court No.5), West Tripura in T.S.(MAC) No.432/2005.

(3.) The appellant is the owner of vehicle No.TR -01 -E -0422 (Maruti Van) and hotel under the name and style of "Hotel Star" situated by the side of N.S. Road, Agartala. On 22.6.2005 at about 5 a.m. while his Maruti van was parked on the road side in front of his hotel, a truck bearing No.AS -01 -R -2729 dashed against his Maruti van first and then hit his multi -storied Hotel building thereby causing damage on the front side of his Maruti van and the front portion of his Hotel building. As a result, the pillars, shutter and front wall of the Hotel were damaged and a crack also developed in the building. According to the appellant, a sum of Rs.54,429/ - was required for repairing of the vehicle and another sum of Rs.1,56,645/ - as the cost for repairing of the building as per the report of the private surveyor cum Loss Assessor (Sri Dipak Paul). He, therefore, filed a claim petition claiming compensation of Rs.2,11,074/ - in total for the damage caused to his Maruti van as well as his Hotel building. A case was also registered over this accident as East Agartala P.S. Case No.84/2005 under Sections 279/427 of IPC.