SANJEEV SHARMA Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) The claimant has filed this appeal challenging a part of the order of the Tribunal dated 30-7-2008 seeking compensation insofar as damage caused to the building is concerned, which he has occupied as tenant and was damaged due to rash and negligent driving of the driver of the offending vehicle insured with the respondent insurance company.

(2.) On 11-7-2005 after the appellant/claimant closed his shorp at 9.00 p.m. and went home, a vehicle No. JK02A-9394 driven by its driver in a rash and negligent manner hit the traffic booth in the middle of the road and thereafter, crossed over the divider and rammed the shop belonging to the appellant and caused extensive damage. The building suffered serious damage as also the movable goods inside the shop. The damage was assessed by the surveyor and a report was filed. This report has two parts; first part is relatable to damage caused to the movable and the second part related to damage caused to the building.

(3.) Insofar as claim relating to the movable is concerned, the Tribunal, after going through the evidence on record, granted a sum of Rs. 1,20,231.00 as compensation with 7.5% interest. Insofar as damage caused to the building and assessed by the surveyor which is Rs. 26,857.00 is concerned, the Tribunal declined to grant the same on the ground that the claimant is a tenant and is therefore, not entitled to claim for loss of property, as he is not the owner of the shop/building/property as set in 166(1)(b) of the Motor Vehicles Act, 1988.