^ ^^>^ "1, HIGH COURT OF CHHATTISGARH AT BSLASPUR SiiigieBench : Hon?b5e Shri Raosahefo Deshmykh.A N.A.i'C.) No.1603 of 2<%S8 RESPONDENTS NON-APPLiCANTS Aispeitent Pumshottam Gupta, aged 44 years, S/o ADpJicant Shri Muniram Gupta, Resident of Gandhl Nagar, Ratanpur, District Biiaspur (C.G.) Versvs 1. Rajesh Kumar Sharma, aged 35 years, S/o Shri Bhushan Prasad, R/o Gram Shanti Nagar, Deepka,Tahsii Katghora, District Korba (C.G.) 2. Smt. Krishna Khare, W/o Shri Dinesh Chandra Khare, R/o Suraj Roadlines, Tatibandh, Raipur (C.G.) Presently R/o c-1, Pragti Nagar, Dipka, Extension:Tahsil Katghora, District Korba (C.G.5 3. The Orientai Insurance Company Limited through the Diyisional Manager, the Orienta! insurance Company Ljmited, Djvisional Offlce, Near High Court, Bitaspur(C.G.) Apeeal for^enhaocemegjtofawardimder^S^ 173 ofthe Motor Vehicies Act. 1988. Present : - Shri Anurag Dayai Shrivastava, counsel forthe appeiiant. Shri Sourabh Sharma, counsel appears cn behalfof respondent No.3. ORAL ORDER (Passed on this 128' day of December, 2008) The appea! Is heard finaity today at the stage of admission. (2) !n a case of damage to property, due to rash and negiigent driving of truck bearing Registration No.C.G.-04-J/2586 (henoeforth "the truck") on 11-03-2007 at about 11.45 P.M., compensation of Rs.10,000/- was awarded. (3) Due to the accident caused by the truck, extenslve damage was caused to the Hotei of the ciaimant/appeliant. During investigation, the Poisce had prepared Panchnama in whlch it assessed damages to the e>dent at Rs.37,000/-. ^•s^^^^.. ^^^ ""'^. 1^9,: I. '?»lsl ,1 \^? 1- (4) The sole ground urged by tearned counsel for the appeilant in this appeai js that the Tribunal ought to have accepted the assessment in the Panchnama Ex.A-2 prepared by the Polsce ana compensation of Rs.37,000/- shouid have been awarded by the Tribunai. (5) On the other hand, Shri 'Sourabh Sharma, iearned counsei appearing on behalf of respondent No.3 argued in support of tne impugned av-ard. (6) Havsng heard rivat submissions, 1 have perused the record. (7) it is not in dispute that the Polioe had assesseti damages at Rs.37,000/- In the Panchnama Ex.A-2 for damages caused to the Hote! ofthe claimant due to the accldent. Conssdering the fact that fumiture, stove, utensi! and other provlsional artlctes were damaged, the Tribunai ought to have accepted the assessment of damages at Rs.37,000/- vide Panchnama Ex.A-2 and awarded the sald amount as compensation. (8) In this view of the matter the appeal is aliowed. Compensation av^rded by the Tribuna! is enhanced to Rs.37,000/-. i I DUq) Raosaheb Deshimikh Judge Tumane