Damage to the Vehicle and/or property under MV Act:

 Damage to the Vehicle and/or property under MV Act:

Following are the important judgments concerning Damage to the

Vehicle and/or property.

Claim petition for damage to the property death of elephant Tribunal awarded amount of compensation of Rs.5,39,100; including RS.1,20,000 for loss of income from elephant Held

such an award is not justified when claim petition is preferred

for damage to the property Rs.1,20,000/reduced by HC.          2013 ACJ 1279 (Ker).

Damage to the property Tenant of the property filed claim

petition for damage to property caused by the vehicular accident

Tribunal dismissed it on the ground that tenant is not the

owner and eviction petition is pending Whether sustainable.   Held ; No.

2013 ACJ 1292 (Raj).

Damage to property Truck dashed with auto rickshaw Insurance

Company (IC) of truck liable to pay only Rs.6,000/under the Act but Tribunal can direct the IC to pay entire amount and in return IC may recover the additional amount from the driver and owner of Truck.  2013 ACJ 1830 (Jar).

Damage to goods loaded in the Truck Whether IC is liable to

make good to such damage? Held No.

IC is liable to make good for damage to the property of TP.        2014 ACJ 915 (HP).

Damage to property limits of liability of IC – Jeep sustained

damage due to negligent driving of the driver of the Truck –

Truck was covered under the comprehensive policy Whether

IC of truck is liable to pay compensation to the owner of Jeep in

excess of Rs.6,000/? Held No.

2015 ACJ 1579 (P&H).

Damage to vehicle – claim for compensation from tort feasors,

held, maintainable even if owner of vehicle has received any

amount from his IC under comprehensive Insurance Policy. It is

further held that even if owner of the vehicle has received any

amount of compensation from Insurance Company under

comprehensive policy, claim for compensation from tortfeasor is

maintainable. Also held that amount so received under the

comprehensive police shall be deducted from the compensation

awarded from the tortfeasor, as owner is not entitled to get

more than the actual damage caused to him. 2015 (2) GLR

1446 – UII Com v/s Hasumatiben Kanubhai Patel.