ASSESSMENT OF COMPENSATION FOR DAMAGES TO PROPERTY IN MOTOR ACCIDENTS CLAIMS CASES.

 

ASSESSMENT OF COMPENSATION FOR DAMAGES TO PROPERTY IN MOTOR ACCIDENTS CLAIMS CASES.

         The motor accidents claims tribunal has got jurisdiction to adjudicate upon the claims relating to damages to property arising out of the use of motor vehicles.

    The maximum compensation to be paid to  the third party in respect of damage to any property is Rs.6000/ only [sec 147 (2)(b)]

   Under the motor vehicles act, 1988, for any amount of damages to the property, the claims tribunal alone has got jurisdiction to adjudicate the claim of compensation. In the repealed 1939 MV act, up to Rs.2000/ the claimant can file a petition either before the motor accident claims tribunal or before the civil court. But above 2000/ civil court alone has got jurisdiction.

   In a comprehensive policy, damage to the property will be awarded according to the terms and conditions and limit of the policy.

        When the claim for compensation is for bodily injury and also for damages to property, it is a case of composite claim.

     In New india assurance co.ltd  Vs   C.M. jaya,[2002 (I) ACJ 271 (SC – FB)], the insurance company would be liable to the extent limited under section 95(2) of the act and would not be liable to pay the entire amount. But it is open to the insured to make payment of additional premium and get higher risk covered in respect of third party. Under a comprehensive policy liability of insurance company is not unlimited qua third party.

       In golla lakkam kristaiah Vs V.Subba rao[2003 ACJ 786(AP)] the appellant claimed compensation of Rs.22,000/ for the death of 15 sheep belonging to him in a motor accident. It was held that the liability of the insurance company in respect of any damage to the property of a third party shall be only to the extent of Rs.6000/

    A claims tribunal has jurisdiction to adjudicate upon claim in respect of loss or damage of property if there is a composite claim for loss or damage to property and for personal injuries or death arising out of the same motor accident.[New india assurance co ltd  Vs P.N.vijaiwargiya, 1993 ACJ 149; 1992 ACJ 312(MP)]

   Once the claim is filed within the period of limitation for damage to the truck, then the amendment could have been granted to enhance the quantum of the claim, at any stage before the disposal of the claim petition [United india insurance co.ltd  Vs  forest department, 1992 ACJ 833(bom)]

    Claims tribunal has jurisdiction to award compensation for loss of income for the period the vehicle remained under repair besides compensation for damage to the vehicle. Damage to property means not merely actual damage to the property but also loss on account of its non availability for use [Karnataka state road transport corporation Vs V.K. Abdul majeed,1991 ACJ 453 (kar)]

     Buffalo of the owner of the vehicle being carried in the vehicle died when the vehicle met with an accident on account of the negligent driving. Driver is liable for damages [United india insurance co. ltd.  Vs Bimlesh,1991 ACJ 36(P&H)]

    It was held in Rai kumar   Vs   Mahendra singh[1985  ACJ 103 (MP), that the claim petition for the damages to the property alone is maintainable.

     In oriental insurance co. ltd.,   Vs Sunita dhanda[1999 ACJ 916(Raj)], the truck was insured to cover third party risk with premium more than the ‘Act policy’ premium. The liability of insurance company of the truck was unlimited.

   It was held in Oriental insurance co.ltd.,  Vs  Pandurangam [1999 ACJ 327] that the claim by owner for damage caused to vehicle in an accident of his negligence is not maintainable since he has not suffered any legal liability to be indemnified by his insurer. Only third party claim for damages alone entertainable in a tribunal.