FAO No.3173 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3173 of 1999 DATE OF DECISION: February 23, 2011 DARBARA SINGH VIRK ...APPELLANT VERSUS DARSHAN SINGH AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. J.S.VIRK, ADVOCATE FOR THE APPELLANT. NONE FOR RESPONDENT NO.1 MR. KUNAL GARG, AAG, HARYANA. K.KANNAN, J.(ORAL) 1. The appeal is for enhancement for damage to the vehicle involved in a motor accident. The assessed damage was `20,460/- and the Tribunal had awarded `20,000/-. The basis for enhancement is that the vehicle had been in the garage for about two weeks and the loss of income must have been provided for. The provision for a compensation for damage to the vehicle through Section 165 shall be only for the actual damage to the vehicle and not a resultant loss to the owner by the non-user of the vehicle. The Tribunal does not have a power to adjudicate on such resultant loss and the remedy of a person who is affected by damage to the vehicle shall be only to institute a civil suit and not through a petition for compensation before the Tribunal. There is a large volume of case law on this subject and I will find no reason to repeat them here. 2. The surviving point for consideration would be an argument FAO No.3173 of 1999 -2- that the Tribunal did not provide for interest at the time when the award was passed. The claimant shall have interest @ 9% from the date of petition till the date when the amount of `20,000/- was paid by the respondent. 2. The award is confirmed in all aspects, save on this issue of interest as referred to above. February 23, 2011 (K.KANNAN) Gulati JUDGE