COURT OF GHHATTISGARH AT BILASPUR : Hon'bie Dilip Deshrrsykh, J. M.A.{C.)No.1S01of2008 Appellant Applicant RESPGNDENTS MON-APPUCANTS Suresh Kashyap, aged 29 years, S/o Shri Sameiaj Kashyap, Resident of BhendJmuda, Ratanpur Dlstrict Bjiaspur tersys 1. Rajesh Kumar Sharma, aged 35 years, S/o Shri Bhushan Prasad, R/o Gram Shanti Nagar, Deepka, Tahsii Katghora, Dlstrict Korba (C.G.) 2. Smt. Krishna Khare, W/o Shri Dinesh Chandra Khare, R/o Suraj Roadiines, Tatlbandh, Raipur (C,G.) Presentiy R/o 0-1, Pragtl Nagar, Dipka, ExtensioniTahsii Katghora, District Korba 3. The Orlental Insurance Company LlmitKi through the Dlvisiona! ManaQer, the Oriental Insurance Company Limited, Divisionai Office, Near High Court, Bitaspur (C.G.) for eraharicemeiit of award yrsder Section 1T^^fthe Motor Vehides Act. Present : - Shn Anurag Dayai Shrivastava, counsel fbr the appeilant. Shri Sourabh Sharma, oounse! appearson behaif of respondent No.3. on this 1282 day of December, 2Q08) The appeal is heard flnaliy today a? the stage of admission. (2) in a case of damage to propeny, due to rash and negiigent drivjng of truck bearing R^lstration No.C.G.-04-J^586 (henceforth ''the truck") on 11-03-2007 at about 11.45 P.M., compensation of Rs.16,000/- was awarded. (3) Due to the accident caused by the truck, extensive daniage was caused to the pan shop of the clalmant/appellant. During investigation, the Polsce had prepared Panchnama in v^hich it assessed damages to the extent at Rs.29,000/-. ?^^ 1 ^ •l' ^ (4) The soie ground urged by fearned counsei for the appeiiant in thls appeai is that the Trlbuna! ought to have accepted the assessment in tne Panchnama Ex.A-2 prepared by the Polioe and compsnsation of Rs.29,000/- shouSd have been avvarded by the Tribunai. (5) On the other hand, Shri Sourabh Sharma, learned oounsel appearing on behalf of respondent No.3 argued in support ofthe impugned award. (6) Having hearti riva! submlssions, 1 have perusedthe record. (7) It is not in dispute that the Poiice had assessed damages at Rs.29,000/- in the Panchnama Ex.A-2 for damages caused to the Pan shop of the ciaimant due to the accident Considering the fact that Coiour Teievision, Fan, articles of pan shop and eieotric meter were damaged, the Tribunal ought to have accepted the assessment of damages at Rs.29,000/- vide Panohnama Ex.A-2 and awarded the said amount as compensation. (8) Sn this view ofthe matter, the appeai Is ailowed. Compensation awarded by the Tribunat is snhanced to Rs.29,000/-. Sd/- Dilip Raosaheb Deshmukh Judge hne