New India Assurance Co. Ltd. vs Renu Gupta & Ors.
2015 Latest Caselaw 241 Del

$~15

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 12th January, 2015

+        MAC. APP. No.469/2012

         NEW INDIA ASSURANCE CO. LTD.
                                                     ..... Appellant
                             Through:    Ms. Neerja Sachdeva, Advocate

                        Versus

         RENU GUPTA & ORS.                                 .....Respondents
                      Through:           None


         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                                 JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The appeal is directed against the judgment dated 09.02.2012 whereby

compensation of Rs.41,000/- was awarded by the Motor Accident Claims

Tribunal(the Claims Tribunal) in favour of Respondent no.1 towards

damage to the victim's vehicle no.DL-3CG-8991. The offending vehicle

Tata 709 bearing no.HR-46-B-2549 was the vehicle insured with the

Appellant Insurance Company.

2. The learned counsel for the Appellant Insurance Company has urged that

although the Claims Tribunal found the bill of Rs.72,602/- issued in

respect of repairs of the car no.DL-3CG-8991 to be not genuine, yet it

assessed the compensation to be Rs.40,000/- and in addition awarded a

sum of Rs.1,000/- towards toeing charges.

3. I am in agreement with the learned counsel for the Appellant that though

the bill alleged to be obtained from M/s Wasim Automobiles, K-49, Fateh

Nagar, Delhi was not proved. But, at the same time, the Claims Tribunal

proceeded to make an assessment of the damage on the basis of

photographs of the offending vehicle Tata 709 bearing no.HR-46-B-2549

and the victim's car no.DL-3CG-8991, the FIR and other documents. I

have also gone through the photographs which are not in dispute. There

was extensive damage on the right front side of Respondent no.1's car.

The impact was so high that even the right front side of the offending

vehicle which was much bigger and steady was also substantially

damaged. Since it was the duty of the Claims Tribunal to assess just and

reasonable compensation, the Claims Tribunal, in the absence of any

evidence to prove the bills placed on record, rightly proceeded to assess

the impact of the damage on the above said basis. In certain cases, the

Claims Tribunal and the Court has to make guess work also to make

assessment of the damages.

4. The compensation of Rs.40,000/- towards the damage to the vehicle and

Rs.1,000/- towards toeing charges cannot be said to be exorbitant,

excessive or unreasonable.

5. The appeal is devoid of any merit; the same is accordingly dismissed.

6. Pending applications, if any, also stand disposed of.

7. The statutory amount of Rs.25,000/- shall be refunded to the Appellant Insurance Company.

(G.P. MITTAL) JUDGE JANUARY 12, 2015 pst