R.C.LAHOTI, K.M.PANDEY
NEW INDIA ASSURANCE CO. LTD. , GWALIOR – Appellant
Versus
P. N. VIJAYWARGIYA – Respondent
( 1 ) A learned Single Judge of this Court while hearing an appeal under S. 110-D of the Motor Vehicles Act, 1939 has framed the following question of law and referred the same for the opinion of the Division Bench :"whether a claim for compensation simpliciter for damage caused to property, preferred by a third party, in all circumstances, can be tried by a Motor Accidents Claims Tribunal in respect of an accident where claim is preferred or preferable also for bodily injury suffered or for death ?"
( 2 ) A car No. CPH 87 met with an accident on 7-7-81 having been hit by another car registered as MPW 9669 approaching from the other side. The occupants of the car got injured. The car was also damaged on 20-8-81 claim petition was preferred which included the claim for compensation for bodily injuries sustained by the occupants of the car as also for damages to the car. However, as a measure of abundant caution, to avoid any legal objection in future, a separate claim was preferred by the owner-claimant P. N. Vijaywarigya claiming compensation for damages suffered only by the car in the accident to the tune of Rs. 16,000/ -. This P. N. Vijaywarigya is undisputedly a
Disented from : R. Vanamaraju v. A.P.S.R.T.C.
Referred to : R.C. Mathew v. K.M. Jose
Dr. Om Prakash Mishra v. National Fire and General Insurance Co. Ltd.
Central Road Transport Corporation Ltd. v. Orissa State Commercial Transport Corporation
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