SBCMA No.1981/2007 Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors. 1 SBCMA No.1981/2007 Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors. DATE OF ORDER : - 19.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Sandeep Saruparia, for the appellants. Mr.TRS Sodha, for the respondents. <><><> Heard learned counsel for the parties. The appellant has lodged claim because of the death of mare in the accident, upon which the Motor Accident Claims Tribunal, Chittorgarh in claim case no.227/2005 awarded compensation of Rs.12,500/- only. According to learned counsel for the appellant the market value of the mare was Rs.70,000/- and appellant produced the person who sold the said mare to he appellant on payment of Rs.70,000/-. It is submitted that the tribunal committed serious error of law by awarding compensation of Rs.12,500/- only on the basis that the next generation of the mare were sold by the appellant for a cost of Rs.13,500/- and Rs. 11,500/-. It is also submitted that no other damages have been awarded to the appellant i.e., for loss of income due to the death of the said mare. It is also SBCMA No.1981/2007 Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors. 2 submitted that funeral expenses have also not been awarded. Learned counsel for the appellant relied upon the judgment of this court delivered in Ganga Ram Vs. Balveer Singh & Ors [SBCMA No.1273/2005 (DRJ)] decided on 30.8.2006 wherein reasonable compensation for the loss due to death of mare was awarded Rs.40,000/-, for loss of income Rs.3,000/- and for funeral expenses Rs.2,000/- were allowed. It is clear from the facts that the appellant claimed that his mare was of the Kathiyawadi breed but from evidence it is proved that said mare was not of the Kathiyawadi breed, but it was local breed only. The appellant produced witness- the alleged vendor who sold the mare to the appellant who stated that he sold the Kathiyawadi mare to the appellant for a consideration of Rs.70,000/-. Since in the accident that Kathiyawadi breed mare has not died, therefore, that evidence is of no relevance. The next generation of the mare were sold for Rs.11,500/- and Rs.13,500/-, therefore, the tribunal rightly held that the cost of the ordinary breed of mare may be SBCMA No.1981/2007 Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors. 3 less. At the same time, it may also be less when mare is old one. Be it as it may be, in the case relied upon by learned counsel for the appellant delivered in the case of Ganga Ram (supra) the cost of mare was given equal to the sale prise of next generation of the said animal which was sold at the cost of Rs.40,000/-. In view of the above, the tribunal's award is justified so far as value of the mare is concerned. The tribunal has not awarded compensation of loss of income, which is awarded i.e., Rs.3,000/- and funeral expenses is also awarded of Rs.2,000/-. In view of the above, the appeal is partly allowed. The award of compensation is enhanced by Rs.5,000/-. The appellant shall be entitled for interest @ 8% as awarded by the tribunal w.e.f. 11th April, 2005. (PRAKASH TATIA), J. c.p.goyal/-