Madhya Pradesh High Court
New India Assurance Co. Ltd. vs Subhash Jain And Ors. on 15 December, 1992
Equivalent citations: 1993ACJ412
JUDGMENT T.N. Singh, J.
1. Heard counsel.
2. A part of the award is without jurisdiction. About that I have no doubt. Accordingly, the award stands modified for 2 reasons to follow. A car was damaged and trial court has awarded in total Rs. 16,000/- to respondent No. 1, the registered owner of the car. The contention pressed by the appellant which I find justified is that in terms of its jurisdictional competence the Claims Tribunal under Section 110 of the Motor Vehicles Act can award compensation for the damage caused to the property and no compensation on any other head can be allowed to third party when claim is for any damage caused to the property. In the instant case, the Tribunal has awarded Rs. 2,500/- for mental pain and suffering due to the damage caused to the car and Rs. 7,500/- for loss in business, being deprived of the use of the car. Such an award is not contemplated in law.
3. For repair of the car compensation can be awarded and rightly in my view Rs. 6,000/- has been awarded on that count. That stands confirmed.
4. In the result, the award stands modified to the extent hereinabove indicated. The appellant is held liable in the sum of Rs. 6,000/- for damage caused to the car of claimant-respondent and that amount, it is submitted, is already paid to the claimant-respondent. In any case, if there is any claim due on account of interest that shall be sorted out.
5. In the result, the appeal stands allowed in part as hereinabove stated.