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Judgment
S.S. Sodhi, J.—A new Zetor tractor belonging to the Rajasthan State Agro Industries Corporation was being taken from Hanumangarh to Abohar, when on the way the bus RSK 1263 coming from the opposite direction came and hit into it. The driver of the tractor was killed at the spot while extensive damage was caused to the tractor. This happened on August 22, 1978, at about 2 p.m. on the Hanumangarh-Abohar Road.
It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus. A sum of Rs. 15,000/- was awarded as compensation for damage to the tractor.
A reference to the evidence on record would show that the tractor involved in the accident was a new tractor which had not yet been given a registration number either. According to AW 1, N.C. Goel, Divisional Manager of the Rajasthan State Agro Industries Corporation, the price of this tractor was Rs. 38,557.70 excluding taxes. This tractor was rendered completely unserviceable as a result of this accident. This was also so stated by AW 2 Roshan Singh, mechanic. There is no evidence on record to show that the tractor had not been damaged to this extent. This being so, there can be no escape from the conclusion that the value of the tractor stood reduced to merely its scrap value on account of this accident and consequently compensation for damage to it deserved to be assessed accordingly. There is, however, no evidence of what the scrap value of this tractor would have been, but keeping in view, generally the scrap value of such a vehicle after an accident, like the present, it would be fair and just to enhance the compensation payable in respect of damage to this tractor to Rs. 30,000/- .
The compensation payable to the claimants is accordingly enhanced to Rs. 30,000/- . The compensation shall be payable along with interest at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded. The Respondents shall be jointly and severally liable for payment of the compensation awarded. The liability of the Respondent, insurance company shall, however, be limited to Rs. 2,000/- .
This appeal is accordingly accepted with costs. Counsel''s fee Rs. 500/- .