IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 143 of 2006(C) ------------------------------ OPMV.1551/1994 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/APPLICANT -------------------------------- M.GOPINATHAN, S/O.SIVASANKARAN NAIR, PRAKASH NURSERY, PARAMBILANGADI, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER ADV. SRI. SANTHEEP ANKARATH. RESPONDENTS/RESPONDENTS: ------------------------------------ 1. LEKHA NANDAKUMAR, MANAGING PARTNER, BALAKRISHNA ROAD LINES, GURUVAYOOR. 2. K.D.PORINEHU, S/O.DEVASSY, KUNDUKULAM HOUSE, NEAR MANALOOR HIGH SCHOOL, MANALOOR.P.O. 3. M/S.NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, IST FLOOR, SREE NARAYANA TOURIST HOME, EAST NADA, GURUVAYOOR. 4. M/S.NEW INDIA ASSURANCE CO. LTD., KUNNAMKULAM. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 143 OF 2006 = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. 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)1551/94. The claimant is the owner of the jeep involved in the accident. He had filed an application for a sum of Rs.50,000/- as damages to the vehicle. The Tribunal awarded a sum of Rs.15,000/-. It is against that decision, the present appeal is preferred. 2. Heard both sides. The Tribunal found that the surveyor has not been examined and the expenses had not been properly proved. In a case of this nature it is imperative for the claimant to establish what is the amount spent by him for purchase of spare parts as well as the amount incurred for repairing the vehicle as labour charges, surveyor's fee, towing charges etc. Unfortunately, these documents were not put into service and the Tribunal has to pass an award on account of the lack of co-operation from M.A.C.A. 143 OF 2006 -:2:- the appellant. So the matter requires to be remanded but in order to avoid a further coming of the matter again to this Court on the question of depreciation as the position is now settled. It is fair that when a vehicle is repaired and spare parts are purchased for the purpose of making the vehicle to a roadworthy condition its depreciation cannot be had for the value of the spare parts. In the decision reported in M.R. Narahari Pandit v. Veenadevi Jalan (1997 ACJ 245), the Karnataka High Court has taken the said view and again recently a Division Bench of this Court in MACA 693/04 had also taken the same view. Therefore when materials are produced and the Court is satisfied about the value of the spare parts the Court is bound to reimburse the entire value of the spare parts. Over and above, the claimant will be entitled to the entire labour charges involved plus a reasonable charge for the surveyor as well as for towing charges. Parties are permitted to adduce evidence in support M.A.C.A. 143 OF 2006 -:3:- of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 4.9.08. M.N. KRISHNAN, JUDGE. ul/-