IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 991 of 2005() --------------------------------- OPMV.804/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: ------------------------- OUSEPH V.V., VATHACHIRA HOUSE, ANGADIPURAM VILLAGE, PARIYAPURAM, MALAPPURAM DIST. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): RESPONDENTS: --------------------------- 1. T.K.RAJEEVAN, S/O. KRISHNAN, THASHANATH HOUSE, P.O. CHENTHRAPINNI, THRISSUR DISTRICT (OWNER). 2. PRAKASHAN M.P., S/O. PARANKUTTY, NAMBUVEETTIL HOUSE, PONMANIKUDAM, P.O. PERINJANAM, THRISSUR DISTRICT. (DRIVER). 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, IRINJALAKUDA, THRISSUR DISTRICT. ADV. SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 991 OF 2005 = = = = = = = = = = = = = = = Dated this the 10th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)804/99. It relates to the claim for damages of an ambassador car involved in a road accident. The car is of the year 1990 model and a surveyor's report was produced assessing the compensation at Rs.71,654/-. The claim of the petitioner is Rs.90,270/-. Unfortunately the Tribunal without looking into the materials, awarded an amount of Rs.30,000/- as compensation. It has to be stated that the claim is for Rs.90,000/-. The surveyor's report is for Rs.71,000/- and the award amount is Rs.30,000/-. Why it is fixed at Rs.30,000/- is not seen. Similarly, a mere surveyor's report cannot be the basic criteria for fixing the damages especially when it is contended that the vehicle is repaired after the accident. Bills have to be produced and it has to be marked or independent evidence has to be produced to assess the M.A.C.A. NO. 991 OF 2005 -:2:- claim. So the entire matter requires reconsideration. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both sides to produce documentary as well as oral evidence in support of their respective contentions and the Tribunal is directed to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 12.1.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-