Case Note & Summary
The appellant, Bhaskar Shankar Jagtap, owned a truck bearing registration No. MH-19-Z-1392. On 02/10/2006, while the truck was proceeding towards Mumbai, an offending container bearing registration No. MH-06-K-8407, driven by respondent no.1 Suresh Subhash Ghule, came from Mumbai and dashed against the driver side of the truck. The accident occurred due to the sole negligence of the driver of the offending container, and Crime No.139/2006 was registered at Igatpuri Police Station against him. The appellant filed a claim petition before the Motor Accident Claims Tribunal, Jalgaon, seeking compensation of Rs. 3,00,000/- for damage to his truck. The appellant relied on his own evidence and the deposition of surveyor Mr. Chimote (PW-2), who placed on record a survey report at Exhibit-35 estimating the cost of repair at Rs. 1,90,490.50/-. The respondents did not lead any evidence. The Tribunal partly allowed the claim petition and directed the respondents to jointly and severally pay Rs. 1,00,000/- with interest at 7.5% per annum from the date of the claim petition till realization. The appellant appealed to the High Court seeking enhancement of compensation. The High Court found that the Tribunal had erred in ignoring the survey report, which was an expert assessment and remained uncontroverted. The court held that the survey report should be accepted as the basis for compensation and enhanced the award to Rs. 1,90,490.50/- with interest at 7.5% per annum from the date of the claim petition till realization. The appeal was allowed in part.
Headnote
A) Motor Accident Claims - Compensation for Damage to Vehicle - Assessment of Damages - Survey Report - The claimant sought enhancement of compensation for damage to his truck in a motor accident. The Tribunal had awarded Rs. 1,00,000/- based on its own assessment, ignoring the survey report estimating repair costs at Rs. 1,90,490.50/-. The High Court held that the survey report, being an expert assessment and uncontroverted by the respondents, should be accepted as the basis for compensation. The court enhanced the compensation to Rs. 1,90,490.50/- with interest at 7.5% per annum from the date of the claim petition till realization. (Paras 4-6) B) Motor Accident Claims - Negligence - Liability - The accident occurred due to the sole negligence of the driver of the offending container, as evidenced by the registration of Crime No.139/2006 against him. The respondents did not lead any evidence to controvert the claim of negligence. The court upheld the finding of negligence and held the respondents jointly and severally liable to pay compensation. (Paras 2-3)
Issue of Consideration
Whether the Tribunal erred in awarding only Rs. 1,00,000/- as compensation for damage to the truck despite the survey report estimating repair costs at Rs. 1,90,490.50/- and whether the claimant is entitled to enhanced compensation.
Final Decision
The appeal is partly allowed. The judgment and award dated 01/04/2016 passed by the Motor Accident Claims Tribunal, Jalgaon, in MACP No.355/2008 is modified. The respondents are directed to jointly and severally pay compensation of Rs. 1,90,490.50/- with interest at 7.5% per annum from the date of the claim petition till realization. The enhanced amount shall be paid within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Damage to Vehicle
- Survey Report as Evidence
- Negligence in Road Accident
