IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 MACA.No. 1252 of 2004() ----------------------- OP(MV).1786/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- JIJU THOMAS, S/O. THOMAS, MUNDACKAL HOUSE, KAIPUZHA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. C.P. JAYARAJ, S/O. PURUSHOTHAMAN, SREE NARAYANIYIL, KAKKAD ROAD, THENE. *2. GURUSWAMY, S/O AYYAPPAN CHETTIAR, 5-A SANKARI ROAD, RAMAKRISHANAPURAM, GANAPATHY POST, COIMBATORE. (DELETED) 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY, CHITTOOR ROAD, PALAKKAD. 4. E.K. ANITHA PRASAD, MANALIPARAMBIL, ENATHY, VAIKOM. *5. PRASEEDAN, S/O. PURUSHOTHAMAN, CHITTILETH PARAMBIL ASRAM, VAIKOM. (DELETED) 6. THE DIVISIONAL MANAGR, NATIONAL INSURANCE COMPANY, THRIPUNITHURA. *R2 AND R5 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER THE ORDER DT. 17.7.2009 IN I.A.NO.1866/2009. R1 BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. R3 BY ADV. SRI.A.C.DEVY R6 BY ADV.SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ---------------------------------------------------- M.A.C.A. No.1252 of 2004 ---------------------------------------------------- Dated this the 25th day of February, 2011 Judgment Basheer, J. Appellant who is stated to be the registered owner of a tourist taxi (Ambassador car) approached the Motor Accidents Claims Tribunal claiming compensation to the tune of Rs.1,01,035/- for the alleged damage caused to his vehicle in a road traffic accident. The Tribunal awarded a sum of Rs.56,853/- with 6% interest primarily relying on Ext.A1 report submitted by a qualified surveyor. The said award is under challenge in this appeal. 2. It is contended by the learned counsel for the appellant that the Tribunal ought to have awarded the compensation in toto since the bills produced by the appellant before the Tribunal would clearly reveal that he had to spend huge amounts by way of repairs and cost of spare parts. It is further pointed out by the learned counsel that the Tribunal awarded interest only at the rate of 6%, which is on the lower side. 3. At the outset, it may be noticed that the appellant had MACA 1252/2004 2 not stepped into the box or adduced any satisfactory evidence apart from producing some documents along with the claim petition. The Tribunal, on perusal of the survey report, was satisfied that the loss sustained by the appellant was correctly assessed by the surveyor and it was, therefore, that the Tribunal had accepted the said survey report with a minor deduction of Rs.1500/- therefrom. Having perused the materials available on record and having heard learned counsel for the appellant, we do not find any reason to interfere with the award passed by the Tribunal. However, the Tribunal has awarded interest only at the rate of 6%. We hold that the appellant shall be entitled to get interest at the rate of 7.5% instead of 6%. 4. The award amount shall be paid by the two insurance companies equally as directed by the Tribunal within one month from the date of receipt of a copy of this judgment. With the above modification, the appeal is closed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. srd MACA 1252/2004 3 MACA 1252/2004 4