THAKUR SURENDRA KUMAR SINGH Vs. AFTAB ALAM ANSARI

JUDGEMENT

(1.) The appellant has filed this appeal for enhance of the amount of award against the judgment/award dated 6.7.2007 passed by the Motor Vehicle Accident Claim Tribunal, Ranchi in Compensation No. 83 of 2007 whereby the Opposite Party/ Respondent No. 1 has been directed to pay a sum of Rs. 22,530/ - with interest at the rate of 7% per annum from the date of the admission of the application i.e. 17.7.2004 and further directed to the Oriental Insurance Company who is opposite party/respondent No. 2 to pay sum of Rs. 6000/- with an interest at the rate 796 from the date of the admission of the application and on failure to pay within sixty days from the date of the order they have to pay the interest at the rate of 9% per annum after the expiry of said sixty days till its payment to the applicant/ appellant as compensation for the damage of his Maruti Car.

(2.) The applicant /appellant filed an application before the Motor Vehicle Claims Tribunal under Section 166 of the M.V. Act, 1988 for the grant of compensation of Rs. 3,51,700/ - (Three Lac Fifty one thousand seven hundred) along with interest and the cost of the case on account of damage of his Maruti Car bearing No. BR-26A-0949 caused in a motor vehicle accident occurred on 1.12.2002 near village Hutap River Bridge between Chandra Kuru National Highway No. 75, within P.S. Chandwa, Dist Latehar, in which the said Maruti Car was damaged, while the applicant Dr. Thakur Surendra Kumar Singh was driving the said Maruti Car and coming from Latehar to Ranchi. When he reached near the village Hutap River Bridge, all of a sudden a Truck bearing registration No. JH-03A-1124 came therein and both the vehicles i.e. Maruti Car bearing No. BR-26A-0949 and Truck bearing No. JH-03A-1124 collided against each other from the opposite direction, as a result of which the applicant Dr. Thakur Surendra Kumar Singh sustained multiple grievous injuries on his person and his Car was completely damaged. In this connection, a Chandwa P.S. Case No. 95/2002, under Sections 279 and 338 of the LP.C. was registered against the Truck driver namely Braj Nandan Prasad Mehta. It is also alleged Aftab Alam Ansari, the opposite party No. 1 is owner and the Oriental Insurance Co. Ltd.(Qpposite party-Respondent No. 2) is insurer of the said truck.

(3.) Counsel of the appellant Mr. Lall has submitted that the Car of the appellant was completely damaged and he claimed compensation for the damage of his Car a sum of Rs. 3,51,700/ - as third party damage. It is contended that the court below has totally erred in holding that the accident took place due to contributory negligence of the appellant also. It is submitted that the court below ought to have held that the driver of the offending truck was negligent in driving the vehicle and due to his fault the said accident took place hi which his C/r got heavily damaged.