IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 MACA.No. 2704 of 2009(F) --------------------------------- (AGAINST THE AWARD IN O.P.(MV)369/05 DTD.26.2.09 ON THE FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA.) ............................ APPELLANT(S)/ PETITIONER: -------------------------------- GOPINATHAN R.A,S/O.LATE KURUVATH M.ACHUTHA MENON,KAVANAD DESOM, MATTATHUR VILLAGE,MATTATHURKUNNU P.O, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENT(S)/ RESPONDENTS: ----------------------------------------- 1. JOHNSON,S/O.VAROKY KOCHUVARKEY, KOTTANELLOOR,OLLUR VILLAGE. 2. THE NEW INDIA ASSURANCE CO.LTD, PERINCHERRY BUILDINGS,ROUND NORTH,THRISSUR. ADV. SRI.M.RAJAGOPALAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2704 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of July, 2010. 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)369/05. The Tata Indica belonging to the claimant sustained damages in a road accident and the Tribunal has awarded a sum of Rs.18,930/- as damages. A perusal of the award would reveal that documents were produced to show that Rs.8,100/- has been incurred towards labour charges for different works. Rs.18,300/- towards purchase of spare parts and another Rs.5,795/- for purchase of spare parts cum survey charges. Towing charges were not allowed. The Tribunal on a surmise deducted the amount from the labour charges and awarded only Rs.3,540/- as against Rs.8,100/-. The Tribunal also calculated the depreciation at the rate of 20% and awarded only Rs.14,640/- towards spare parts. The Tribunal also found that there is difference between the surveyor's report and Motor Vehicles Inspector's report. It M.A.C.A. 2704 OF 2009 -:2:- has always to be stated that Assistant Motor Vehicles Inspector's reports are prepared for the purpose of finding out whether the accident had taken place on account of mechanical defect or not and they do not concentrate on the damages sustained to the property which is not in their realm. Therefore the Assistant Motor Vehicles Inspector's report is not very natural. contention is negatived. The Tribunal should have granted labour charges asked for plus the towing charges incurred and therefore I find an additional sum of Rs.5,000/- under these two heads will be sufficient as additional compensation in this case. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-