i^ '^'l {^ ^ HI^H COURT OF GHHATriSSARH 4T BILASB^ DIVISIONBENCH CORAM: HON'BLE SHRIJA@OISHBHALLA.AS. CJ: & HON'BLE SHRI SATISH K. A6NIHOTRI, J. Misc. Appeal fC) No. 1385 of 2007 ^ppeilant Vcrsys Smt, /^adhu Agrawal oged about 49 years wjfe of Shri Surencira Kum^ Agrawal Thrdugh Power of Attorney Holder Mr. Surendra l^jmar Agrawa! son of Shri Hanym<^it{ai Agrawa! rssident of Opposite EWS 50 Nehru Nagar, Bilaspur 495001 CB Respondents 1, Shri Banshidl Yadav son of not- known Dri^r, resident of Titii Poida, Somandi, Distt. Balangsr, reslding at pttesent at Suraj Baaa, Near Kali MCTidir, Tifra, Bilaspur c.a . • . • . ' -' 1 2. Shailesh AgrGwal^ son of Shri Mah^sh AgrawaJ ^ed about 32 years, resid©nt of Indu Chowk, JGrhabhata, near Vija Motors, Biiaspur C.6. 3. The New India Assyrance Compwiy Limited, Th rough the Wkmager, Rajendra Nagar Chowk, 3ilaspur c.a ApDea! under Section 173 of the Motor Vehicle Act Present: Shri ftavish Verma/ counsel for the Gppellant, QBALQRDgR (PasseeS on 03rd D®c®?nb®r, 2007) The following orai order of the Court was passed by Hon'bl®Ja§dish Bhalla, Ag. C.J. ^ ^,. By woy of this cppeal the appellant prays for ©nhGncementof compensation awarded towards damages of the car. Learned counsel for the appellont submits that new Indica Car, was invoived in the accident, However, neither the model of the car nor the year of its purcha,^ as a new car was proved by the appeilcBit. In such circumstGnces even the depreciation value cannot be worked out. The appellant cldims that the cost <?f the car on the day he filed the claim petition was fts3,55,000/- but the appelbnt has been awarded only Rs,l,01,375/-, Vl/e fsnd that the Tribunal has awarded the said amount towards the damages of the car considering the facts and circumstances of the case. The appelJant has not indicated any arbitrary action on the part of the Trjbunal which cbuld have made us interfere with the impugned award. Learned counsei for the q?peilant further submits that there is no prosecution against the deceased-driver to prove rash and negtigent drlving, This submission is tumed down as no prosecution can be launched Ggainsta dead person. In view of the above/the dppeal stands dismissed. Sd/- Ag. Chief Justice nimmi Sd/- Satish K. Agnihotri Judge Y.