UNITED INDIA INSURANCE COMPANY LIMITED Vs. TARSEM CHAND

JUDGEMENT

(1.) The Insurance Company has preferred this appeal against the judgment and award of the learned Motor Accident Claims Tribunal, Una. The factum of accident and quantification of the damages granted are not disputed. The Insurance Company challenges the jurisdiction of the learned Tribunal in making the award for the loss (a) ensuing from the damage to the jeep of the claimants which remained out of business for a period of five months; (b) compensation for damages caused to the jeep, which claim according to the appellant was paid to the claimants-respondents by the insurance company insuring this vehicle. The learned Tribunal on the settled issues held the driver of truck No. HIB-876 responsible for the accident. The case of the claimants was that their vehicle, which was a jeep used for commercial purposes has been extensively damaged and Rs. 74,377/- were spent for repair and Rs. 17,000/- as loss of goods. The learned Tribunal held that a sum of Rs. 57,800/- had already been paid to the claimants for damages to the jeep by the Insurance Company with which it was insured. The learned Tribunal holds that vide Ext. PX, produced by the claimants, which is a survey report prepared by the Surveyor of the New India Assurance Company Limited, with which the jeep was insured limited the claim to Rs. 57800/- and the claimants would be entitled to additional sum of Rs. 16577/-. The learned Tribunal relied upon the decision of the High Court of Madhya Pradesh in Ramchandra v. Niyaz Hussain and others, 2005 ACJ 1294 as also the decision of Madras High Court in T.S.G. and Company v. Jeeva Transport Corporation Ltd.,, 2002 ACJ 884.

(2.) So far as the loss to goods was concerned, the claimants would have the remedy before the civil Court. The learned Tribunal then proceeds that loss of income pleaded by the claimants for keeping the vehicle out of business is Rs. 90,000/-. They were earning Rs. 20,000/- from the vehicle and they suffered loss for five months and this figure was reduced to Rs. 10,000/- by the learned Tribunal on the basis that it remained parked for four months as it was not capable for plying and loss of Rs. 40,000/- was awarded. In all a sum of Rs. 56,577/- was awarded to the claimants. It is these findings which have now been challenged before me.

(3.) In National Insurance Company Ltd. v. H.R.T.C. and another,2010 HLJ(HP) 165 this Court has held: