MANGI LAL Vs. KALU SINGH & OTHERS

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 09.05.2007 passed by the Judge, Motor Accident Claims Tribunal, Chittorgarh, vide which, only an amount of Rs.3,000/- has been awarded.

(2.) While praying for enhancement of the compensation towards the injuries and his immovable property, i.e., damage to the wall of the house, the only ground raised by the learned counsel for the appellant is that it is an admitted position that the appellant received injuries on account of offending vehicle crashing into the wall of the house of the appellant. Still, the appellant has been awarded Rs.3,000/- towards the injuries but no amount has been awarded towards the damage to his property.

(3.) The tribunal did not award any compensation towards the damage to his immovable property on account of the fact that the appellant was not able to produce any bills or proof of damage to the property. The accident is admitted. The way in which accident took place is also admitted and the injuries too are admitted. In view of the admitted position, it cannot be said that the wall of the house was not damaged. In fact, the appellant had also produced the survey report.