SBCMA No.1981/2007
Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors.
1
SBCMA No.1981/2007
Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors.
DATE OF ORDER : - 19.9.2008
HON'BLE MR. PRAKASH TATIA, J.
Mr.Sandeep Saruparia, for the appellants.
Mr.TRS Sodha, for the respondents.
Heard learned counsel for the parties.
The appellant has lodged claim because of the death
of mare in the accident, upon which the Motor Accident
Claims Tribunal, Chittorgarh in claim case no.227/2005
awarded compensation of Rs.12,500/- only.
According to learned counsel for the appellant the
market value of the mare was Rs.70,000/- and appellant
produced the person who sold the said mare to he appellant
on payment of Rs.70,000/-. It is submitted that the tribunal
committed serious error of law by awarding compensation
of Rs.12,500/- only on the basis that the next generation of
the mare were sold by the appellant for a cost of
Rs.13,500/- and Rs. 11,500/-. It is also submitted that no
other damages have been awarded to the appellant i.e., for
loss of income due to the death of the said mare. It is also
SBCMA No.1981/2007
Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors.
2
submitted that funeral expenses have also not been
awarded. Learned counsel for the appellant relied upon the
judgment of this court delivered in Ganga Ram Vs. Balveer
Singh & Ors [SBCMA No.1273/2005 (DRJ)] decided on
30.8.2006 wherein reasonable compensation for the loss
due to death of mare was awarded Rs.40,000/-, for loss of
income Rs.3,000/- and for funeral expenses Rs.2,000/-
were allowed.
It is clear from the facts that the appellant claimed
that his mare was of the Kathiyawadi breed but from
evidence it is proved that said mare was not of the
Kathiyawadi breed, but it was local breed only. The
appellant produced witness- the alleged vendor who sold
the mare to the appellant who stated that he sold the
Kathiyawadi mare to the appellant for a consideration of
Rs.70,000/-. Since in the accident that Kathiyawadi breed
mare has not died, therefore, that evidence is of no
relevance. The next generation of the mare were sold for
Rs.11,500/- and Rs.13,500/-, therefore, the tribunal rightly
held that the cost of the ordinary breed of mare may be
SBCMA No.1981/2007
Ahsan Mohd. Vs. National Insurance Co. Ltd. & Ors.
3
less. At the same time, it may also be less when mare is old
one. Be it as it may be, in the case relied upon by learned
counsel for the appellant delivered in the case of Ganga
Ram (supra) the cost of mare was given equal to the sale
prise of next generation of the said animal which was sold
at the cost of Rs.40,000/-.
In view of the above, the tribunal’s award is justified
so far as value of the mare is concerned. The tribunal has
not awarded compensation of loss of income, which is
awarded i.e., Rs.3,000/- and funeral expenses is also
awarded of Rs.2,000/-.
In view of the above, the appeal is partly allowed. The
award of compensation is enhanced by Rs.5,000/-. The
appellant shall be entitled for interest @ 8% as awarded by
the tribunal w.e.f. 11th April, 2005.
(PRAKASH TATIA), J.
c.p.goyal/-