KASTURI DHYANI Vs. NUTAN MANCHANDA

JUDGEMENT

(1.) Mr. Pankaj Purohit, the learned counsel for the appellants and Mr. Bharat Tewari, the learned counsel appearing for the Insurance Company/respondent were heard on 21/10/2021.

(2.) In this appeal against order, the appellants/petitioners have assailed the final order passed by the learned Additional District Judge/MACT, Tehri Garhwal in MACP case no. 3 of 2009 allowing the application of the appellants in part and awarding a sum of Rs.28,364.67 only, with simple interest @ 5%, from the date of filing of the claim application on account of loss sustained because of a motor accident which completely destroyed two floors of the building of the petitioner.

(3.) On 3/12/2007, in the night, the offending truck bearing registration No. UA07R 8760 while proceeding on Devprayag-Srinagar National Highway, being driven in a rash and negligent manner, lost control and fell/dashed against the building of the petitioners standing on a low level by the side of the road as a result of which two rooms on the fourth floor and the entire roof of the third floor was damaged. Some consumer durables and domestic utilities like refrigerator, tank, bed, T.V. etc., were damaged as a result of the accident. Such accident caused loss of rent that petitioners were getting @1800/- per month. The applicants, therefore, prayed for a sum of Rs.1,48,300.00 for damage to the property plus Rs.3285.00 for damage to the utensils and durables and Rs.4,32,000.00 for twenty years of rent @ Rs.1800.00 per month and Rs.50,000.00 for mental agony and pain. In other words, they have claimed Rs.6,63,150.00 as compensation.