IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MACA.No. 1150 of 2006() ---------------------------------- OPMV.1154/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------- P.V. JOSEPH, RESIDING AT PATHIPARAMBIL HOUSE, CHANGANACHERRY PO BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL RESPONDENTS: RESPONDENTS: ------------------------- 1. K.S.R.T.C., THIRUVANANTHAPURAM. 2. T.G. RAJU, S/O. GOVINDAN, RESIDING AT THAZHACHAYIL VEEDU, READYMADE JUNCTION KURICHY P.O. 3. SHIMNA S.BABU, RESIDING AT SHINE NIVAS, CHUMGAM, MALLOOSSERY P.O., KOTTAYAM. 4. SADASIVAN, S/O. BHARGAVAN, RESIDING AT SHINE NIVAS, CHUNGAM, MALLOOSSERY P.O., KOTTAYAM. 5. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. BY ADV. SRI.P.V.JYOTHI PRASAD - R.5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1150 OF 2006 = = = = = = = = = = = = = = = Dated this the 20th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1154/02. The petition is one relating to damages sustained to the Maruthi Van. It is seen from the report itself that the vehicle had sustained very considerable damages as shown in Ext.A7. The Surveyor assessed the labour charge at Rs.9,950/- and spare parts at Rs.11,802.50. The photographs were also taken and it was proved. The Tribunal also came to the conclusion that the vehicle had suffered very bad damages. But suddenly jumped to the conclusion that the compensation entitled to is only Rs.7,000/-. The Tribunal has not disbelieved the surveyor's report. The Tribunal has not found any fault with the bills produced. A bill is made available before me for perusal. It would also show that spare parts for Rs.11,440.87 were purchased and labour charges for Rs.6,000/- was involved. M.A.C.A. 1150 OF 2006 -:2:- Therefore I feel that the Tribunal was erred in limiting the compensation to Rs.7,000/-. It should have fixed it at Rs.14,000/- Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation and the K.S.R.T.C. is directed to deposit the same within a period of ninety days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-