s? :^ .-^,. ; ^^€/' ^--l^l^s' H!GH COURT OF CHHATTISGARH AT BILASPUS Hon'ye_Snri Diiio Raosaheb Deshnnui<h..J., !VI.A.SC.1No.1600of2' tt.DBellaat Appiicant Dharmendra Kashyap, aged 23 years, S/o Shri Shankar Lai, Resident of Bhsndimuda, Ratanpur, Distriot BHaspur. v< irsus Rajesh Kumar Sharma, aaed 35 years, S/o Shri Bhushan Prasad, R/o Gram Shanti Nagar, Deepka, Tahsil Katghora, District KorbajC.G.) Smt. Krishna Khare, W/o Shri Dinesh Chandra Ktiare, R/o Suraj Roadlines, ratibandh, Raipur (C.G.) Presently R/o C-1, Pragti Nagar, Dipka, Extension:Tahsi! Katghora, District Korba fr.n \ \^/-'—'-/ The Orieniai Insurance Company Limited throtigh the Divisional Manager, the Orientai [nsuranoe Company Limited, Dwisional Ofrice, Near High Court, Biiaspur (C.G.) Aogeai for eriliancement of awrardjjnder SsctiQiLl73 of the iWotor Vehicies Act j-'i'eserrt : - Shr'Anurag Dayal Shnvastava, counsei for the appellant. Shri Sourabh Sharma, counsel appears on behaif of respondent No.3. (Passed on this 12th day of i3ecembsr, 2008) Ths appeal is heard finally today at the stage of admission. (2) In a case of damage to property, due to Tash and negligent driving of truck bearing Registration No.C.G.-04-J/258S (henceforth "the truck-;) on '11-03-2007 ataboutll.45 P.M.. compensationofRs.10.000/-wasav>'arded. (3) Dus to the aooident caused by the iruck, extensive damage was caused to the Fruit shop of the oiaimant/appeliant. During investigation, the Poiice had prepared Panchnama in whlcn it assessed aamacies to ihe extent at Rs.16,000.'-. J& ^ '"asi^ f'^'/. •fSs~-se»-" /f> ^^ L- (4) The soie ground urged by iearned counsei for the appeiiant in thls.appea! is that the TribURal ought to have accepted the assessment in the Panchnama Ex.A-2 prepared by the Poiice and compensation of Rs.16,000/- should have been awarded by the Tribunal. (5) On the other hand, Shri Sourabh Sharma, i.sarned counsel appsaring on behaif of respondent No.3 argued 'n support of the impugned award. (6) Haying heard rivai submlssions, i have perused the record. (7) It 1s not in ciispL-te that the Pollce had assessed damages at Rs.16,000/- Ip the Panchnama Ex.A-2 for damag-as caused to the fruit shop cf the ctaimant due to tne aocident. Considering the fact that hvo number of fruits trolley (Hath Theia) and frusts were damaged, the Tribunal ought to have aocepted the assessmert of damages at Rs. 16.000/- vide Panchnama Ex.A-2 and a'.varded the said amount as compensation. (8) In this view of the mattsr, the appeai is ailowed. Compensatlon awarded bythe Tribunal is enhanced to Rs.16,000/-. Sd/- Dilip Raosaheb Deshmukh Judge iumane