Order on Board

20/09/2024

1.

The present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the claimant against the impugned award dated 30.06.2017, passed by the Learned 5th Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No. 342 of 2015, whereby an amount of Rs. 2,17,969/- has been awarded to the claimant towards his injuries and property damage.

2.

The brief facts of the case are that on 21.05.2015, the claimant met with an accident, when he was going by his Alto Car bearing registration No. CG-12-R-2683 to Ratanpur from Hardi Bazar, near Sandhipara, Dabti culvert, his Alto Car was being dashed by the offending vehicle Trailer bearing registration No. CG-07-C-7016 by rash and negligent driving of its driver/non-applicant No. 1 Ramshankar Raj, by which his Alto Car was completely damaged and he also received injuries.

3.

The claimant had filed the claim case for compensation against the injuries caused to him and also the loss of his property damage as his car is completely damaged and claimed total Rs. 15,50,000/- on various heads.

4.

The non-applicants No. 1 and 2 have contested the claim of the claimant and have pleaded in their written statement that the driver of the car himself was negligent in driving his vehicle and the accident was occurred due to his own negligence, whereas the driver of the Trailer was not negligent in the accident. On the date of accident, the offending vehicle Trailer was duly insured with the insurance company/non-applicant No. 3 and the liability to pay compensation, if any, is upon the insurance company.

5.

The non-applicant No. 3/insurance company has also contested the claim before the Learned Claims Tribunal and filed their written statement with the pleading that the accident was occurred as a result of collision between two vehicles and the drivers of both the vehicles were contributory negligent in equal proportion, and therefore the compensation is to be determined accordingly. The owner, driver and insurance company of the said Alto Car have not been made as a party/non-applicant in the present case and therefore there is a defect of non-joinder of necessary party in the case, and the claim application is not maintainable. The driver of the Alto Car himself was negligent in the accident and therefore the insurance company is not liable to pay any compensation. It is further pleaded by the insurance company that at the time of accident the Trailer was being driven without any effective driving license possessed by its driver, there is no fitness and permit of the said Trailer, which is violation of the policy condition, and therefore the insurance company may be exonerated from payment of compensation.

6.

Based on the pleadings made by the respective parties, the Learned Claims Tribunal has framed eight issues in the case and after recording evidence of the parties and hearing them passed the award of Rs. 2,17,969/- in favour of the claimant towards his injuries as well as the property damages, which is under challenge in the present appeal.

7.

Learned counsel for the appellant would submit that the Learned Claims Tribunal has wrongly assessed the compensation and without any basis, deducted 1/3rd of the amount of the value of Car, while assessing the compensation to the claimant. He would further submit that the estimate of repairing charges of Rs. 4,40,741/- was submitted by the claimants, yet the Learned Claims Tribunal has awarded towards property damage only Rs. 2,00,469/-. He would also submit that, in view of the injuries suffered by the claimant, no amount has been awarded. Therefore, the amount of compensation may be enhanced suitably.

8.

On the other hand, learned counsel for the respondent No. 3/Insurance Company has opposed the submissions made by learned counsel for the appellant and has submitted that the Learned Claims Tribunal has rightly assessed the compensation, which has been awarded in favour of the claimant. He would further submit tha