The claimant was entitled to claim compensation from the tort-feasor despite receiving amount from her insurer, but the amount received from the insurer was required to be deducted from the compensation awarded by the Tribunal.

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Main), Vadodara (hereinafter referred to as "the Tribunal") passed in M.A.C.P. No. 225 of 1997, by which, the learned Tribunal has partly allowed the said claim petition and has directed the appellant herein to pay the original claimants a sum of Rs. 8,85,000/- towards damage caused to the vehicle in question (Mercedes Car No. GUT 8180), the appellant herein - original opponent No. 3 - United India Insurance Co. Ltd., has preferred present First Appeal. That the Mercedes car bearing Registration No. GUT 8180 owned by one Hasumatiben Kanubhai Patel-original claimant/applicant met with an unfortunate accident, which took place on 19-12-1993. That the said motor car met with an accident with one truck bearing No. GJ-1-T-6930 driven by the original opponent No. 1. That due to the accident, the said motor car was badly damaged, and therefore, the same was unreparable. The said car was inspected by the "Works Manager of United Motor (India) Limited, Bombay" who estimated Rs. 20 lacs for labour charges, repairs and spare parts etc. Hence, the said motor car had got for total loss. Therefore, the respondent No. 1 herein-original applicant-owner of the motor car claimed Rs. 20 lacs towards compensation for the damage caused to the aforesaid Mercedes car.

1.1. The aforesaid claim petition was opposed by the appellant herein-original opponent No. 3 - Insurance Company by filing written statement. It was the specific case on behalf of the appellant-Insurance Company that - original claimant-owner of the vehicle has not proved by leading cogent evidence, valuation/market price of the motor car. It was also the case on behalf of the appellant-Insurance Company that as such the motor car was insured with United India Insurance Company and it was Comprehensive Insurance Policy and that the original claimant-owner of the Motor car paid premium of Comprehensive Insurance Policy of her car to cover risk upto Rs. 4,45,000/-. Therefore, the claimant/owner of the motor car is not entitled to any further amount of compensation towards damage caused to the motor car. That the learned trial Court framed the issues.

1.2. That the original claimant-owner of the motor car - Hasumatiben came to be examined at Exh. 113. To prove the market price of the car at the time of accident, original applicant examined one Ketankumar Shah - Surveyor at Exh. 122. The original claimant heavily relied upon the report of the surveyor Shri Ketankumar Shah produced at Exh. 123. On behalf of the Insurance Company, Surveyor report prepared by M.P. Surveyors at Exh. 129 as well as Survey report prepared by Surveyor Shri J.I. Patel at Exh. 130 was produced. That on appreciation of evidence, the learned Tribunal considered the market value of the car around Rs. 12,50,000/- on the date of accident and after deducting Rs. 70,000/- towards salvage value of the damaged car, the Tribunal held that Rs. 11,80,000/- can be worked on total loss basis. The learned Tribunal negatived the contention on behalf of the Insurance Company that the amount of Rs. 4,45,000/- which was received by the owner from its Insurance Company received towards damage caused to the motor car was required to be deducted on the ground of unjust enrichment or double benefit. However, as the driver of the motor car was held contributory negligent to the extent of 25%, the learned Tribunal sliced down and deducted Rs. 2,95,000/- being 25% negligence and by impugned judgment and award has awarded a total sum of Rs. 8,85,000/- to the original claimant-owner of the motor car towards compensation for damage to the motor car, which in fact, gone for total loss.

1.3. Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal awarding Rs. 8,85,000/- towards compensation for the damage caused to the motor car/Mercedes car, the appellan