IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 MACA.No. 3164 of 2009() ----------------------- OPMV.1969/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): PETITIONER ------------------------ V.JAYAKUMAR, PARAPPURETHU HOUSE, MANKAMKUZHY, MAVELIKARA. BY ADV. SRI.S.MOHANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. JAYAKUMAR, KATTUVILA KIZHAKKETHIL, MYNAGAPPALLY, KUNNATHOOR. 2. M.M.HANEEF, S.S. MANZIL, KUNNANKODE, ADOOR. 3. NATIONAL INSURANCE COL.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, AISWARYA BUILDING, KAYAMKULAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.S.PRASANTH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.3164 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P.(MV)No.1969/1999 of Motor Accidents Claims Tribunal, Mavelikara challenges the judgment and award of the Tribunal dated November 29, 2008 awarding a compensation of Rs. 24,300/- for the damage caused to the motor cycle of the claimant bearing Reg.No.KL/4D-6788 in a motor accident. 2. The facts leading to this appeal in brief are these : On January 10, 1999 at about 3.30 p.m., the claimant was riding the motor cycle bearing Reg.No.KL-4D/6788. When he reached near Karuvatta Asramam junction, a jeep bearing Reg.No.KL-03C/1235 driven by the first respondent came at a high speed and dashed against the motor cycle of the claimant. Claimant is the owner of the said motor cycle. Serious damage was caused to the motor cycle. First respondent as the owner, second respondent as the driver and third MACA.No.3164/2009 2 respondent as the insurer of the offending jeep are jointly and severally liable to pay compensation to the claimant for the loss caused to him on account of the damage caused to his motor cycle. Claimant claimed a compensation of Rs. 33,430/-. 3. Respondents 1 and 2, the owner and driver of the offending jeep remained absent and were set ex parte by the Tribunal. The third respondent the insurer of the offending jeep filed a written statement admitting the policy and further contended that the compensation claimed is excessive. 4. This O.P. was jointly tried along with O.P.(MV) Nos.1816/1999 and 1849/99 and a common award was passed. Pws 1 and 2 were examined and Exts.A1 to A18 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal on an appreciation of evidence awarded a compensation of Rs. 24,300/- with interest @ 7.5% per annum from the date of petition till realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the MACA.No.3164/2009 3 counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence on the part of the second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. Counsel for the claimant argued that the Tribunal would have accepted the evidence of PW2, the surveyor and his report Ext.P15 and would have granted a compensation of Rs. 46,970/- as shown therein. 8. Counsel for the Insurance Company on the other hand would support the judgment and award of the Tribunal. 9. It is seen from Ext.A15 and evidence of PW2 Surveyor that total loss after taking depreciation is Rs. 29,633/-. On going through Ext.A15, we feel that a compensation of Rs. 28,500/- would be reasonable for the damage caused to the motor cycle of the claimant. Thus the claimant is entitled to an additional compensation of Rs.4,200/- 10. In the result, the claimant is entitled to an additional MACA.No.3164/2009 4 compensation of Rs. 4,200/-. He is entitled to interest @ 7.5% per annum from the date of petition till realisation. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The award of the Tribunal is modified to the above extent. The Appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.3164/2009 5