Appeal against Motor Accident Claims Tribunal award granting Rs. 45,000 for motorcycle damage. Court found no grounds for interference; dismissed appeal.
None; appeal dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 914/2018
Uttar Pradesh State Road Transport Corpoartion Agra, Regional Manager, Uttar Pradesh Transport Corporation Agra Uttar Pradesh Owner Of The Vehicle
----Appellant
Versus
----Respondents
For Appellant(s) : Ms. Priyanka Pareek For Respondent(s) :
HON'BLE MRS. JUSTICE SABINA
Order
02/04/2019
Appellant has filed this appeal challenging the award dated 01.11.2017 passed by the Motor Accident Claims Tribunal, Dausa whereby claim petition filed by the respondent No. 1, was allowed.
I have heard learned counsel for the appellant and have gone through the record available on the file carefully.
Claimant/respondent No. 1 had filed claim petition seeking compensation on account of damage suffered by his motorcycle in a Motor Vehicle Accident which had occurred on 02.11.2013.
(2 of 2)
[CMA-914/2018]
Factum of accident in the present case is not in dispute. It was the case of the claimant that the accident had occurred due to rash and negligent driving of respondent No. 2 Sanjay Kumar while driving the offending bus belonging to the appellant- Corporation, whereas, the case of driver of the offending bus was that the accident had occurred due to rash and negligent driving of the claimant himself.
Learned tribunal, while deciding issue No. 1 in favour of the claimant, has taken into consideration the fact that with regard to the accident in question FIR was registered against the driver of the offending bus and challan had been presented against him in the court. Moreover, in the present case the offending bus had struck against the motorcycle in question from behind. Hence, the learned Tribunal had rightly decided issue No.1 in favour of claimant/respondent No.1.
In the present case, motorcycle-in-question was completely damaged in the accident as it had got burnt. Hence, the learned Tribunal while taking into consideration the value of the motorcycle and its date of purchase has rightly granted Rs. 45,000/- by way of compensation to the claimant.
No ground for interference by this Court is made out. Dismissed.
TN/73
1 issue framed by the court
Whether the High Court should interfere with the Motor Accident Claims Tribunal's order granting Rs. 45,000 compensation to the claimant for motorcycle damage.
Uttar Pradesh State Road Transport Corporation Agra Owner Of The Vehicle
Manoj Kumar Swarankar S/o Mohanlal B/c Soni Claimant
Sanjay Kumar S/o Bafati Khan B/c Musalman Driver Of The Vehicle
Sabina
As recorded by the court registry
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