The burden of proof for claiming compensation lies with the petitioner, and the insurance company is liable to pay damages and loss of income for the claimant under the Motor Vehicles Act.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the fair and decreetal order dated 14.06.2011 made in M.C.O.P.No.1 of 2008 on the file of the Motor Accident Claims Tribunal (Sub Court), Tuticorin.)

1. This Civil Miscellaneous Appeal has been filed against the award passed in M.C.O.P.No.1 of 2008 dated 14.06.2011, on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Tuticorin.

2. The appellant herein is the second respondent, the first respondent herein is the petitioner and the second respondent herein is the first respondent in the claim petition. The first respondent herein has filed a claim petition in M.C.O.P.No.1 of 2008, claiming compensation for the damages, in an accident that took place on 23.06.2006. The Tribunal has awarded a sum of Rs.1,85,941/- (Rupees One Lakhs Eighty Five Thousand Nine Hundred and Forty One only) as compensation. Against which, the appellant has preferred this appeal.

3. Brief substance of the claim petition in M.C.O.P.No.1 of 2008 is as follows:

On 23.06.2006 at about 04.00 p.m., when the Corporation bus bearing registration No.TN-74-N-0726 was ridden by its driver in a careful and cautious manner in a slow speed along Madurai-Trichy main road, a lorry bearing registration No.TN-59-2184 which was driven by its driver in a rash and negligent manner dashed against the bus and the bus got damages. The bus was left in the workshop for 24 days. Since the bus was not used for 24 days, the petitioner Corporation incurred loss of income of Rs.2,49,840/- (Rupees Two Lakhs Forty Nine Thousand Eight Hundred and Forty only) and a sum of Rs.2,52,520/- (Rupees Two Lakhs Fifty Two Thousand Five Hundred and Twenty only) to carry out the repairs. Hence, the petitioner Corporation has claimed a sum of Rs.5,02,360/- (Rupees Five Lakhs Two Thousand Three Hundred and Sixty only) as compensation for the damages to the bus.

4. Brief substance of the counter filed by the second respondent therein is as follows:

The accident had happened on the National Highways. The petitioner Corporation bus driver drove the vehicle without sufficient sleep and he lost the control of the bus and that is the reason for the accident. The damages and loss of income were not clearly stated in the petition. The petitioner Corporation is having so many spare buses and there is no loss of income. The petitioner Corporation has to prove that the lorry was insured with the second respondent. The petitioner Corporation has to prove that the lorry was having valid permit. The petitioner Corporation claimed 12% interest, which is excessive and prayed the petition to be dismissed.

5. The first respondent remained set exparte. On the side of the petitioner, two witnesses were examined and 6 documents were marked. On the side of the respondents therein, no witness was examined and no document was marked. After trial, the Tribunal has awarded a sum of Rs.1,85,941/- (Rupees One Lakhs Eighty Five Thousand Nine Hundred and Forty One only) as compensation to be paid by the respondents therein. Against which, the appellant has preferred this Civil Miscellaneous Appeal on the following grounds:

The Tribunal without appreciating the evidence available on records has awarded Rs.1,85,941/- (Rupees One Lakhs Eighty Five Thousand Nine Hundred and Forty One only). No proof was adduced by the first respondent Corporation regarding the exact amount spent by them for procuring spare parts and other replacement. The quotations and bills were not filed. The depreciation for the vehicle has to be reduced depending upon the age and condition of the vehicle.

6.The Tribunal failed to consider that the first respondent Corporation has got their independent workshop and labourer and there is no justification for the first respondent to claim a sum of Rs.1,65,121/- (Rupees One Lakh Sixty Five Thousand One Hundred and Twenty One only) towards labour cost.