Kiran Sahni vs R.S. Aggarwal and Others

J.R. Midha, J.—The report from the learned Mediator has been received in which the market value of the car in question for the year 1994 has been assessed to be Rs. 90,000.

The report of the learned Mediator concurs with the report placed on record by the appellant. The surveyour appointed by the appellant has also assessed the value of the offending vehicle to be Rs. 90,000/-. The salvage of the vehicle was assessed at Rs. 40,000/-. The net amount claimed by the appellant is Rs. 50,000/- which has been confirmed by the Mediator in her report.

The learned Tribunal had not awarded any compensation to the appellant towards the damage to the car on the ground that the appellant might have taken the compensation from her Insurance Company. The appellant has already placed on record the order of the Insurance Company which shows that the policy was "Act Only" policy and the appellant has neither received nor she could have received any amount from her Insurance Company towards damages to the vehicle.

The appeal is accordingly allowed and a further award of Rs. 50,000/- along with interest @ 7% per annum from the date of filing of the petition till payment is passed in favour of the appellant and against respondent No. 3

The enhanced amount along with interest be deposited by respondent No. 3 with the learned Tribunal within 30 days and upon such deposit being made, the same shall be released to the appellant without any restriction of fixed deposit since this case relates to the damage to the property only.

This Court place on record the appreciation of the Mediator, Ms. Sonia Sharma who has done fair assessment of value of this car.

The profession fee of the surveyour shall be paid by the appellant as per the invoice of the surveyour.

Copy of this order be given ''Dasti'' to learned Counsel for both the parties under signatures of Court Master.