NEW INDIA ASSURANCE CO LTD Vs. SADDIQ KHAN

JUDGEMENT

(1.) SINCE these two appeals are arising out of the same award dated 16. 8. 1993 passed by Motor accidents Claims Tribunal, Jaipur District, Jaipur (hereinafter referred to as 'the tribunal'), therefore, the same are being disposed of by this common judgment.

(2.) THE Tribunal while deciding Claim case No. 819 of 1991 vide its award dated 16. 8. 1993 awarded a compensation of rs. 2,90,000 along with interest at the rate of 12 per cent per annum in favour of the claimant on account of death of his elephant, named, Babli, who died upon being hit by offending jeep bearing registration no. RNX 9550, which was driven in a rash and negligent manner by respondent No. 1 on 12. 10. 1988. The said jeep while coming from the opposite side on Amer Fort Road, jaipur hit the said elephant, which was carrying the tourists over it and as a result of the said hitting, the said elephant suffered injuries and died after three days.

(3.) THE Tribunal decided issue No. 1 in favour of the claimant and held that the death of the elephant was on account of the said accident only, therefore, the owner of the elephant was entitled for the compensation. The Claims Tribunal awarded rs. 1,00,000 towards the cost of elephant, which was aged about 35 years at the time of said accident. The Tribunal has also awarded Rs. 1,80,000 towards the loss of income to the owner which the said elephant would have earned for the owner by being engaged in the tourist activities and rs. 10,000 for the funeral expenses. Thus, tribunal awarded a total compensation of rs. 2,90,000, which was directed to be paid with 12 per cent interest from the date of filing of the claim petition, i. e. , 26. 11. 1988 within a period of two weeks, failing which the rate of interest would be increased from 12 per cent to 15 per cent.