IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 MACA.No. 390 of 2010() --------------------- OPMV.793/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................. APPELLANT / PETITIONER ------------------------------------- MUHAMMED ALI, S/O.ABDULLA SHAFEE, AGED 59 YEARS, DOOR NO.47F, FIRST MAIN ROAD, ANNA NAGAR, F BLOCK, CHENNAI, NOW RESIDING AT "REMYA HARMYAM", CIVIL STATION, NEDUNGOTTUR AMSOM, DESOM, KOZHIKODE. BY ADVS. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS / RESPONDENTS ---------------------------------------------- 1. NAUSHAD ALI.P.V, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SHAHANA MANZIL, NEAR KTBC, RAMANATTUKARA, KOZHIKODE. 2. SISTER SUPERIOR, PRESENTATION CONVENT, ELAVANTHIKKARA POST, NORTH PARAVOOR, ERNAKULAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 390 OF 2010 = = = = = = = = = = = = = = = Dated this the 20th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)793/08. The claimant, an owner of a car had moved an application for damages sustained on account of a collision between the car and a jeep. The claimant has claimed Rs.85,000/- as damages and a survey report is produced assessing the damages at Rs.45,050/-. Much to the dismay of everybody and as usual it has become a practice in Kozhikode Tribunal that nobody is examined, documents are not properly proved and every matter ends up in an appeal. The Tribunal allowed a depreciation of 40% and granted damages at Rs.10,500/-. It is seen from the materials available that the surveyor's report is filed, there is bill for spare parts purchase and there is also an estimate of the repair. If these things can be properly proved and one is able to satisfy the conscience of the Court then certainly damages can be awarded. When M.A.C.A. 390 OF 2010 -:2:- the vehicle is damaged and spare parts are purchased a reasonable amount of depreciation can be reduced in the light of the latest Division Bench Ruling of this Court. So I feel that an opportunity can be given to properly put the materials on record to pass an award. 2. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since the respondents had not chosen to appear before this Court, on appearance the appellant is directed to take out notice to them so that there can be a proper disposal of the matter. Parties are directed to appear before the Tribunal on 29.10.2010. M.N. KRISHNAN, JUDGE. ul/-