RUPA RAM Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28.11.2008 passed by Motor Accident Claims Tribunal, Barmer ('the Tribunal'), whereby for the damage suffered by the vehicle belonging to the appellant, the Tribunal has awarded a sum of Rs. 25,000/-.

(2.) While deciding the issue relating to the quantum of compensation, the Tribunal noticed that the appellant had exhibited bills relating to repair amounting to Rs. 1,14,835/-, however, as the bills did not bear the name of the appellant and merely the registration number of the vehicle involved in the accident was indicated on the said bills and the vehicle was of 1994 model, looking to the nature of damage as indicated in the M.T.O. Report, the Tribunal awarded a lump sum Rs. 25,000/-.

(3.) It is submitted by learned counsel for the appellant that the Tribunal was not justified in awarding a sum of Rs. 25,000/- only on the reasons indicated in the impugned judgment. It was submitted that a look at the bills Exhibits-20 to 25 would reveal that the same are absolutely genuine and no default can be found in the said bills and merely because they did not bear the name of the appellant, it cannot be said that they did not pertain to the appellant's vehicle, which was admittedly damaged in the accident. It was prayed that the amount of bills as indicated vide Exhibits-20 to 25 may be awarded.