m^-" HSGH COURT OF CHHATTISGARH AT BiLASPUR SltiaSe Bench : Hon?ble Shri Diiip Raosaheb Iteshmykh, J« Appellant Applicant RESPONDENTS NON-APPUCANTS 1.A.(C.)No.1804 of 2008 Santosh Kashyap, aged 38 years, S/o Shri Samelal Kashyap, Resident of Bhendlmuda, Ratanpur, District Biiaspur Versus 1. Rajesh Kumar Sharma, aged 35 years, S/o Shri Bhushan Prasad, R/o Gram Shantl Nagar, Deepka, Tahsi! Katghora, District Korba (C.G.) 2. »Smt. Krishna Khare, W/o Shri Dlnesh Chandra Khare, R/o Suraj Roadlines, Tatjbandh, Ralpur(C.G.) Presentiy R/o C-1, Pragti Nagar, Dipka, Extension:Tahsii Katghora, District Korba (C.G.) 3. The Orienta! insurance Company Limlt^j through the Diyisionai Manager, the Oriental Insurance Company Limited, DJvisional Office, Near High Court, Bllaspur (C.G.) Appeai for enhancement of award under Sectlon 173 ofthe Motor Vehscles Act 1988. Present : - Shn Anurag Dayai Shrivastava, counsei for the appellant. Shri Sourabh Sharma, counsel appears on behalf of respondent No.3. ORAL ORDER (Passed on thls 12ffi day of December, 2008) The appeal is neard finaily 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^586 (henceforth "the truck") on 11-03-2007 at about 11.45 P.M., compensation of'Rs.10,000/-wasawarded. (3) Due to the accident caused by the truck, extensive damage was caused to tne vegetable shop of the ciaimant/appeiiant During investigation, the Po!ice had prepared Panchnama in which it assessed damages to the extent at Rs.11,200/-. •2_-~ (4) The sote ground urged by learned counsel for the appeilant in this appeal ss that the Tribuna! ought to have accepted the assessment in the Panchnama Ex.A-2 prepared by the Poiioe and compensation of Rs.11,200/- shouid have been awarded by the Tnbunal. (5) On the other hand, Shri Sourabh Sharma, iearned counsel appearing on behaif of respondent No.3 argued in stipport ofthe impugned award. (6) Having heard rsvai submissions, I have perused the record. (7) !t is not in dispute that the Poiice had assessed damages at Rs.11,200/- jn the Panchnama Ex.A-2 for damages caused to the vegetabie shop of the ciaimant due to the accident. Considering the fact that two numbers of thela, talpatri, Bamboo Balli, iron table and bench were damaged, the Tribunal ought to have accepted the assessment of damages at Rs.11,200/- vide Panchnama Ex.A-2 and awarded the said amount as compensatlon. (8) In this view of the matter, the appeal is atlowed. Compensation av^arded by the Tribunal is enhanced to Rs.11,200/-. Sd/- Dilip Raosaheb Deshmukh Judge Tumans