,% H!GH COURT OF CHHATnSGARH ATBILASPUR Sinaie Bench : Hon'ble Shri Dilife Raosaheb DOshmukh. J. Apoellant Rescondenfs I.A.(C.Wo.1103(2008 , , Vishnu Prasad Kashyap, aged 1S yeere, S/o Shri Durga Pra^d, PA Bhendimuda, Ratanpur, District Biiaspur.,, , ° MACT; 303/2007 • versus ,,„,, . Rajesh, Kumar Sharma, aged 35 ^ars, S/o Shri Bhushan Psasad, R/o-Gram: Shanti Nagar Deepika:Tah-Katghora, District Korba (C.G.) , ^ Smt. Krishna Khare, W/o Shri Dinesh Chandra Khare, R/o Suraj Road Lines, Tatibandh: Raipur (C.G.) Presently: R/o C-1, Pragati Nagar, Dipika Bdension: Tah-.Katghora, District Korba (CG) , The Orientai Insurance; Company Limited, through The Divisiorel Manager, The Oriental Insyrance Company Limited, Dh/isiona! Offioe, Near High Court, Bilaspur (CG) ; AjBB&at for enhancement of award under Section 173 of e IVtotor Vehictes Present : - Shri Anurag Dayat Shrivastava, counsel fbr the appellant. Shri SourabhSharma, counset for respondent No.3/insurance Ctompany. (Passed on this 21st day of October, M08) t-1eard on I.A.No.2, whioh is an apptioation for taking Emended petition on record. y (2) Notopposed. (3) I.A.No.2 is allowed. Amended petttion is taken on record. (4) The appeal is heard finally today at the stage of admission. (5) In a case of damage to property, due to rasii and negligent drivjng of truck bearing Registration No.C.G--04-J/2586 (heneeforth "the trucK') on -11-03-2007 at about 11.«P.M., compensation of Rs.15,000/- was awarded. ,aii3B""3" ^"^'^ ^"^'""^?--. 2-' (6) „ Ttie claimant tiad sugareane juice shop and due to the aecident caused by thetruck, extensive damage was caused. During investigatton, 8ie Police hads prepared Panchnama inwhich itassesseddamagestothe e)dent at Rs.26,300/-. (7) Thesole.groundurgedbyteatnedcounselfortfieapRpllantiflthisaiveel is that the Tribunal ought to have accepted the assessreent iB the Panchnsma Ex.A-2 prepared by the Police and compensation of Rs.26.30W- should have been awarded by the Tribunal. (8) On the other hand, Shri Sourabh Sharma, leamed counselfor r^pondent No.Saiguedinsupportoftheimpugnedaward. (9) Hawng heard rival submssions, ! have perused the reoord. , (10) It is not in dispute that the Police had assessed damages at Rs.28,300/- in the Panchnama Ex.A-2 fordamages caused to the sugarcane julce shop of tte c!aimant due to the accident. Considering the fact ftat the sugaroane juice machine, counter, fumiture, glasses and almirah were damaged, the Tribunal ought to have accepted the assessment of damages d Rs.26,300/- vide Panohnama Ex.A-2.and awarded the said amount as compensatton. < (11) In thls view of the matter, the appeal is allowed. Compensation awarded by the Tribunal is enhanced to Rs.26,300/-. -Sd7- DUip Raosaheb I Judge Tumane \-