HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR {DMsION BENCH) . CORAM : Hon’ble Shri SR. Nayak, CJ Hon'ble Shri Satish K. Agnihotri, J. Misc.Appeal No. 808 OF 2005 1 APPELLANT CLAIMANT Santosh Kumar Dubey, aged about 45 years, S/o Late Shyarhnarayan Dubey, Resident of 73, Anand nagar, Raipur, Tah & Distt. - Raipur (C.G.) V L Versus REéPONDENTs 1. NON-APPLICANTs Salim @ Salimuddin Aged 28 years, S/o Amimuddin, Resident of Tikrapara Bilaspur, Distt. Bilaspur (C.G.) 2. Mohd. Hasan Khan, S/o Ali Ahamad Khan, R/o Infornt of Hotel Anand, Bus Stand Pandariya, Tah. & Distt.- Kavardha (C.G.) 3. The New India Insurance Company Ltd., through. Divisional Manager, Divisional Omce, Kachahri Chowk, Jail Road, Raipur (C.G.) Present: Mr. S.C.Verma, learned counsel for the appellant. ORAL ORDER M (Passed on 20m of December 2005) The following order of the court M's passed by S.R. Nayak, CJ. The appellant is the owner of the motor vehicle involved in the accident. He claimed a sum of Rs. 2,00,0001- towards the damage caused to the motor vehicle, which is said to be 28 years old Ambassador car. The inspector of the 'fnsurance Company who estimated the damage, in his certificate stated that the estimate cost of the damage will be around Rs. 93,002/-, including labour charges. However, the appellant did not dduce any evidence before the Tribunal to show that actually he has a ; 9mm lg spent a sum of Rs. 93,002l- towards repairs or incurred actual damage of Rs. 93,002/-. We are of the considered opinion that having regard to the age of j the vehicle and the brand of the vehicle, what is awarded could not be ‘ condemned as something irrational or arbitrary. In the facts and ‘circumstances of the case, what is awarded is just and reasonable conipensation. No ground is made out for interference The appeal is V dismissed. There shaii be no order as to costs” // r a Sdl- 5di- Agn-‘hofi‘ ChlEf Jusute "V ‘ Sa“$“ K- Judge * ’