Himachal Pradesh High Court
Oriental Insurance Co. Ltd vs Sh. Om Prakash Sahni And Others on 9 October, 2015
Author: Mansoor Ahmad Mir
Bench: Mansoor Ahmad Mir
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO (MVA) No. 344 of 2008 Judgment reserved on 18.9.2015 Date of decision: 9th October, 2015 .
Oriental Insurance co. Ltd. .....Appellant.
Versus Sh. Om Prakash Sahni and others ...Respondents Coram:
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice. Whether approved for reporting ?1 Yes.
of For the appellant: Mr. G.C. Gupta, Sr. Advocate with Ms. Meera Devi, Advocate.
For the respondents: Mr.Neeraj Gupta, Advocate, for respondent No.1.
rt Nemo for other respondents.
____________________________________________________ Mansoor Ahmad Mir, Chief Justice.
Challenge in this appeal is to the judgment and award dated 1.4.2008, made by the Motor Accident Claims Tribunal Solan in MAC Petition No. 3-S/2 of 2007, titled Om Parkash Sahni Versus Mr. Mohammad Anis and others, for short "the Tribunal", whereby compensation to the tune of Rs.6,00,000/-
alongwith interest @ 9% per annum was awarded in favour of the claimant, hereinafter referred to as "the impugned award", for short.1
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2. Claimant, owner and driver have not questioned the impugned award on any ground, thus it has attained finality so far it relates to them.
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3. The insurer has questioned the impugned award on the grounds taken in the memo of appeal.
4. The learned Senior Advocate for the appellant argued that the Tribunal, without any basis of and foundation, has awarded Rs.6 lacs in lump sum in favour of the claimant and prayed that the impugned rt award be set aside. He has not questioned the other findings returned by the Tribunal. Thus, the only question to be determined in this appeal is whether the amount awarded is adequate and the Tribunal was having basis for such an assessment.
5. Brief facts are given as under:
6. Claimant Om Parkash Sahni filed claim petition before the Tribunal for the grant of compensation to the tune of Rs.15 lacs, as per the break-ups given in the claim petition. It is averred in the claim petition that the claimant was traveling in his own Honda City Car bearing registration No. HP-14-A-0250 alongwith his family on 23.11.2003 and was on his ::: Downloaded on - 15/04/2017 19:10:38 :::HCHP -3- way to Barellie. The Truck bearing registration No. HR-
38-H-8148 suddenly came on the wrong side, which was on a very fast speed and hit the Honda City Car .
near Chaudharpur Moradabad and totally damaged the said Car. The claimant and other occupants sustained injuries.
7. The owner and driver did not appear before of the Tribunal and were set ex parte. The insurer filed objections and following issues came to be framed.
(i) rt Whether the vehicle of the petitioner has suffered damages on account of rash/negligent driving of the truck by respondent No.1? OPP
(ii) If issue No. 1 is proved in affirmative, what amount of damages petitioner is entitled to and from whom? OPP
(iii) Whether the liability of the respondent No.3 is confined to only Rs.6000/-? OPR.
(iv) Relief.
8. The claimant examined two witnesses, namely, Bal Kishan and Prabhujot Singh and appeared himself in the witness-box as PW3.
9. The insurer has not led any evidence, thus, the evidence led by the claimant has remained un-
rebutted.
::: Downloaded on - 15/04/2017 19:10:38 :::HCHP -4-10. The driver and owner have not resisted the claim petition thus, the averments contained in the claim petition stand admitted.
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11. The Tribunal, after examining the evidence, oral as well as documentary, and also the photographs, held that the driver had driven the offending vehicle rashly and negligently and totally damaged the Honda of City Car of the claimant. These findings are also not in dispute. Accordingly, the findings are upheld.
12. rt Issues No. 2 and 3 are interlinked. Thus, I deem it proper to determine both these issues together.
13. The Tribunal has discussed in paras 10 and 12 of the impugned award that the vehicle was completely damaged which is factually and legally correct for the reasons that the evidence and the documents on the file proved the said fact and accordingly it can be safely held that the vehicle was completely damaged.
14. The claimant has led evidence and also proved the estimate Ext. PW2/A, which was prepared by the Supervisor of M/s Lally Motors Industrial Area ::: Downloaded on - 15/04/2017 19:10:38 :::HCHP -5- Chandigarh. The claimant has examined Prabhujot Singh PW2 who has proved the said estimate. The estimate do disclose that the estimated amount was .
more then the cost of the vehicle.
15. The vehicle was purchased in the year 2002 and the accident took place in the year 2003. So the value of the vehicle is to be assessed while of keeping in view the depreciation. The Tribunal, after taking into the account the fact that the vehicle was rt totally damaged which was purchased in 2002, has rightly awarded Rs.6 lacs with interest and by no stretch of imagination, it can be said to be excessive rather inadequate while keeping in view the evidence on the file and findings recorded by the Tribunal.
16. It was for the insurer to prove that the liability was only for Rs.6,000/-, has not led any evidence. The Tribunal has made discussion in paras 10 and 12 of the impugned award that excess amount was paid and the risk of damage to the 3rd party was covered up to Rs.7,50,000/-. Thus, the insurer is liable to pay the amount to the tune of Rs.6,00,000/- with interest as awarded by the Tribunal.
::: Downloaded on - 15/04/2017 19:10:38 :::HCHP -6-17. Having said so, no interference is required, the appeal is dismissed.
18. The Registry is directed to release the .
amount in favour of the claimant, strictly, in terms of the conditions contained in the impugned award, through payee's cheque account.
19. Send down the record, forthwith, after of placing a copy of this judgment.
October 09, 2015. (Mansoor Ahmad Mir) rt (cm Thakur) Chief Justice.
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