1. The challenge in this appeal under Section 173 of the Motor Vehicles Act, 1988 is the award of the Tribunal dated 1.7.2004 passed by the Motor Accident Claims Tribunal (Auxiliary) Rajkot at Gondal in MACP No. 232 of 1990 in awarding compensation of Rs.1,17,500/- to the claimant.
2. Learned advocate for the appellant in the following backdrop of the facts would submit that in the award impugned as above, claimants of Claim Case No. 232 of 1990 are the heirs and legal representatives of deceased who was the owner of truck No. GTX 4547 and apart from other claimants the above claim petition restricted for recovery of damage to the Truck No. GTX 4547. According to learned advocate for the appellant, admittedly the truck was manufactured in the year 1970 and on the date of accident which took place on 5.5.1990 it had almost outlived its utility and further as per deposition of son of the deceased the truck was sold for the sum of Rs. 32,000 to 35,000/- as a scrap and the above aspect is considered vis-a-vis findings of the Tribunal, it ought to have deducted 20% amount being the apportionment of negligence attributed to the driver of the above truck GTX 4547 and, therefore, the depreciation, proceeds of sale of the truck and apportionment of negligence to 20% were to be considered and to that extent the award deserves to be quashed and set aside and appeal be allowed.
3. On perusal of the record qua the submissions made by learned advocate for the appellant Insurance Company arising out f the judgment and award of Claim Case No.232 of 1990 it is pertaining to the damage to the vehicle namely truck GTX 4547 and record reveals that surveyor appointed by the Insurance Company and report submitted by him on the basis of FIR, Panchnama, photographs of the damaged truck after the depreciation, the value of the truck assessed payable repairing loss at Rs. 90,000/-. The Tribunal had taken the above aspect into consideration and considering the law laid down by the Apex Court about the nature of proceedings of claim compensation keeping in mind the aspect of depreciation awarded Rs. 1,00,000/- towards damage and further till the truck was sold the claimant remained without any job and the truck was in damaged condition could not be made operative and for that per month loss of Rs. 5,500/- for about three months totalling Rs. 16,500/- was awarded. However, the Tribunal has rejected other claims of damage of goods carried out in the truck and lump-sum award of Rs.1000 was considered and net amount of Rs.1,17,500/- being just and proper amount towards damage to the truck could not be said to be in any manner contrary to settled position of law warranting any interference of this Court in exercise of the appellate power under Section 173 of the Code .
4. In absence of unjust and unreasonable determination of compensation towards damage by the Tribunal, no case is made out to allow the appeal. Rule discharged. No costs.
[ANANT S. DAVE, J.] //smita// Top