T^ T HiGH COURT OF CHHATTISGARH AT BJLASPUR SHifil^Bench : jtonlbie ShrLDiiJR ^iosaiheb Deshmykh, J. iVi.A.fC.) No.1605 of ^)08 Appellant Shiv Kumar Yadav, ageci 45 years, S/o Applicant Shri Gangaram, R/o Madarbada, Ratanpur, Dlstrict Bilaspur. Versus RESPONDENTS NON-APPLiCANTS 1. Rajesh Kumar Sharma, aged 35 years, S/o Shri Bhushan Prasad, R/o Gram Shanti Nagar, Deepka, Tahsl! Katghora, District Korba (C.G.) 2. Smt. Krishna Khare, W/o Shri Dinesh Chandra Khare, R/o Suraj RoadSlnes, Tatibandh, Raipur (C.G.) Presentiy R/o C-1, Pragti Nagar, Dipka, Extension:Tahsil Katghora, Djstrict Korba (C.G.) 3. The Oriental Insurance Company Limlted through the Divisional Manager, the Orienta! Insurance Company Limited, Divisionai Office, Near High Court; Bilaspur (C.G.) Appeai for enhancementof award yncler aection 173 ofthe Motor Vehlcles Act. 1^8. Present :- Shn Anurag Daya! Shrivastava, counset for the appellant. Shri Sourabh Sharma, counsel appears on behalf of respondent No.3. ORAL ORDER (Passed on this 12th day of Deceniber, 2008) The appeal is heard fjnaisy today at the stage of admission. (2) in a case of damage to property, due to rash and negligent driving of truck bearing Registration No.C.G.-04-J/2586 (henceforth "the truck") on 11 -03-2007 at about 11.45 P. M. , compensation of Rs.24,000/- was awarded. (3) Due to the accident caused by the truck, extensive damage was caused to the Daily-needs shop of the ciaimanVappeiiant. During investigation, the Police had prepared Panchnama in which it assessed damages to the extent at Rs.80,000/-. r^!?P%a. "^s^/ ^?s^^';' -^- 0' (4) The sole ground urged by iearned counsei for the appeliant in this appea! is that the Tribunai ought to have accepted the assessment in the Panchnama Ex.A-2 prepared by the Poiice and compensation of Rs.80,000/- shouid have been awarded by the Tribunal. (5) On the other hand, Shri Sourabh Sharma, iearned counsei appearing on behalf of respondent No.3 argued in support ofthe impugned award. (6) Having heard rival submsssions, 1 have perused the record. (7) It is not in dispute that the Poiice had assessed damages at Rs.80,000/- in the Panchnama Ex.A-2 for damages caused to the Daily-needs shop of the oiaimant due to the accident Consldering the fact that thela, freeze, Teievision, V.C.R., Fan, Eiectric Meter and other artlcies were damaged, the Tribunal ought to have accepted the assessment of damages at Rs.80,000/- vlde Panchnama Ex.A-2 and awarded the said amount as compensation. (8) In this view of the matter, the appeat is allowed. Compensation awarded by the Tribunal is enhanced to Rs.80,000/-. Sd/- Dilip Raosaheb Deshmukh Judge Tumane