i^ %1,T'^ •^ COURT OF CHHATTSSGARH AT EILASPUR Beiich : Hosi'bie Shri Dilip Raosaheb Deshmukh, J. M.A.fC^No.ie02of2008 ADpeJJant Dinesh Kashyap, agect 23 years, S/o Shri AiiRJjcant Samelai Kashyap, Resident of Bhsndimuda, Ratanpur, District Biiaspur Versus RESPONDENTS NON-APPUCANTS 1. Rajesh Kumar Sharma, aged 35 years, S/o Shri Bnushan Prasad, R/o Gram Shanti Nagar Deepka, TahsiJ Katghora, District Korba(C.G.) 2, Smt. Krishna Khare, W/o Shri Dinesh Chandra Khare, R/o Suraj Roadlines, Tatlbandh, Raipur (C.G.) Presentiy R/o C-1, Pragtl Nagar Dipka, Extension:Tahs!i Katghora, Distriot Korba (C.G.) 3. The Orienta! Insurance Company Limited through the Divisional Manager, the Orientai Insurance Company LJmited, Divisional Office, Near High Court, Biiaspur (C.G.) for enhancement of award under Sectlon 173 ofthe Motor Vehicles Act. 1988. Present : - Shri Anurag Dayai Shri\^stava, counsel for the appeiiant. Shri Sourabh Sharma, counsel appears cn behalf of respondent No,3. OFSAL ORDER (Passed on this 12th day of Decemiaer, 2008) The appeat is heard tinally 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.10,000/- was awarded. (3) Due to the accident caused by the truck, extensive damage v^as caused to the fruit shop of the claimanVappeliant During investigation, the Pollce had prepared Panchnama in which it assessed damages to the extent at Rs.13,000/-. z' (4) The soie ground urged by ieamed counsel for the appellant in this appeat is that the Tribunai ought to have accepted the assessment in the Panchnama Ex.A-2 prepared by the Police and compensation of Rs.13,000/- shouid have been awarded by the Tribunai. (5) On the other hand, Shri Sourabh Sharma, learned counsel appeanng on behaif of respcndent No.3 argued in support ofthe smpugned award. (6) Having heard rival submisssons, 1 have perused the record. (7) it is not in dispute that the Police had assessed damages at Rs,13,000/- in the Panchnama Ex.A-2 for darnages caused to the Fruit shop ofthe clasmant due to the accident. Considenng the fact that two numbers of Takhat fwoocfen cof; and Fruit troltey were damaged, the Tribunaf ought to have accepted the assessment of damages at Rs.13,000/- vide Panchnama Ex.A-2 and awarded the said amount as compensation. (8) !n this vlew of the matter, the appea! is a!!owed. Compensation awarded by the Tribuna! is enhanced to Rs.13,000/-. Sd/- Dilip Raosaheb Deshmukh Judge "i'umane