STATE OF ASSAM Vs. SUNIL KUMAR DEY

JUDGEMENT

(1.) THIS appeal has been filed by the State of Assam against the award dated 9.12.1982 passed by the Member, Motor Accidents Claims Tribunal, Goalpara in M.A.C. Case No. 7 of 1979. The facts of the case are as follows:

(2.) THE learned Tribunal held the claim to be maintainable. It also arrived at a finding that the driver was driving the vehicle rashly and negligently. So far as the amount of damages is concerned, as against the claim of Rs. 55,750/ - the Tribunal awarded a sum of Rs. 34,000/ - only. This amount comprised of the following: Rs. 8,850/ - on account of damage to the shop house; Rs. 6,900/ - on account of damage to the furniture; Rs. 4,500/ -on account of damage to merchandise; Rs. 1,000/ - for mental suffering; Rs. 750/ - for incidental expenses and Rs. 12,000/ - on account of loss of business during the period of three years. Aggrieved by the aforesaid award the State has come up in appeal.

(3.) I have considered the submissions of the learned counsel for the appellant. Also heard Mr. S.A Laskar, learned counsel for the claimant -respondent. Let me deal with the first submission of the learned counsel for the appellant relating to the maintainability of the claim petition. Admittedly in the instant case the claim related only to damage to property. There was no death of, or bodily injury to, any person as a result of the accident. The question for determination is whether such claim falls under Section 110 of the Act. To appreciate the point at issue it is necessary to refer to Sub -section (1) of Section 110 of the Act which reads as follows: