IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 MACA.No. 1532 of 2006() ----------------------- AGAINST THE JUDGMENT/AWARD DATED 21.1.2006 IN OPMV.1573/1997 of ADDITINAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANT/PETITIONER: --------------------------- K.V.MOHAMMED, S/O.KUNHUPPA, RESIDING AT KURUPPAM VEEDU, VELIKKAD, PALAKKAD TALUK. 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. P.K.NOUFAL, S/O.USMAN, RESIDING AT CHALIPARAMBIL HOUSE, VALIAMANGAD, QUILANDY, KOZHIKODE DISTRICT. 2. PRAVEENKUMAR, S/O.VASU, RESIDING AT MUSAMBIKANDI HOUSE, WEST HILL POST, KOZHIKODE DST. 3. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH II, MAVOOR ROAD, KOZHIKODE. (1ST RESPONDENT IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DT. 2.12.2009 IN I.A NO.3578/09) BY ADV. SRI.K.SANDESH RAJA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R RAMAN & P.R.RAMACHANDRA MENON,JJ. ------------------------- M.A.C.A No.1532 of 2006 -------------------------- Dated this the 15th December 2009 J U D G M E N T P.R RAMAN,J. The claimant is the appellant. As a result of the rash and negligent driving of the lorry bearing Reg. No.KL- 11/E-2376 by the 1st respondent, the house property belonging to the appellant was damaged as the lorry run into the house at 2 a.m on 29.8.1997. Claiming compensation for the damage sustained to the house property, a petition was preferred before the Tribunal and the Tribunal after considering the matter, awarded an amount of Rs.19,497/- with interest as against the claim for Rs.1,31,500/-. 2. An Advocate Commissioner was deputed who after inspection submitted a report enclosed along with the same, an estimate of the works to be done for repairing the damaged portion of the house. Estimate was prepared with the assistance of a Carpenter who could not be examined since he died at the time of trial. No objection as M.A.C.A No.1532 of 2006 2 such was seen filed to the Commission Report. But the Tribunal after considering the estimate prepared by the Carpenter and taking into consideration of the evidence of the Advocate Commissioner who was examined as PW2, did not award the estimate amount of compensation but reduced the same. According to the appellant, the awarded amount is too low compared to the extensive damage caused to the building. 3. Admittedly, it is a tiled building situated in a remote village of Kongad in Palakkad district. The lorry was driven into the building in the wee hours of 29.8.1997 and when everybody in the house was asleep. The appellant was an agriculturist. Considering the estimate prepared and the Commission Report and also the evidence of the Commissioner, we find that compensation awarded is on the lower side. Ext.A2 Scene Mahazar reveals the extensive damage caused to the building. 4. In the circumstances, though the compensation cannot be worked out with mathematic precision but considering the fact that the estimate itself was prepared M.A.C.A No.1532 of 2006 3 only by the Carpenter but not based on the actual damage and in the absence of bill produced, we award only an amount of Rs.15,000/- (Rupees Fifteen thousand only) by way of additional compensation which will carry interest at 6%. This amount shall be paid by the Insurance Company within six weeks from the date of receipt of a copy of this judgment. The appeal is allowed as above. P.R RAMAN,JUDGE P.R.RAMACHANDRA MENON, JUDGE ma M.A.C.A No.1532 of 2006 4 M.A.C.A No.1532 of 2006 5