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 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 400 of 2010() ---------------------- OPMV.321/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------ VILMA PHILOMENA, AGED 55 YEARS, WIFE OF ALEX, FRITZ COTTAGE, NORTH VYMEETHY, EROOR PO, NADAMA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY SRI.T.ABY JACOB RESPONDENT(S): RESPONDENTS -------------------------- 1. C.A.MADHAVAN, CHETTIPARAMBIL HOUSE, VATTEKKUNNAM, EDAPPALLY PO, COCHIN-682 024. 2. RAJAN, S/O.GOPALAKRISHNA PILLAI, CHETTIPARAMBIL HOUSE, BEHIND SUBRAMANYA TEMPLE, VATTEKKUNNAM, EDAPPALLY PO, COCHIN-682 024. 3. THE NATIONAL INSURANCE COMPANY LIMITED, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.400 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of March, 2010 JUDGMENT Barkath Ali, J. Challenge in this appeal by the claimant is to the judgment and award of the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV)No.321/2002 dated April 17, 2009 awarding a compensation of Rs. 100,538/- for the damage caused to his Maruthi Zen car bearing Reg.No.KL 11/D 2939 in a motor accident. 2. The facts leading to this appeal in brief are these : On May 15, 2001 at about 11.10 p.m., while the car of the claimant was being driven by its driver Tomy along Edappally- Cheranallore road and reached near Sea lord bus stop, Cheranalloore, a tanker lorry bearing Reg.No.KL-7/M 4071 driven by second respondent came at a high speed from the opposite direction and dashed against the car of the claimant. Claimant's car sustained serious damages. According to the claimant, the accident occurred due to rash and negligent driving of the offending lorry by second respondent. MACA.No.400/2010 Page numbers First respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending lorry are jointly and severally liable to pay compensation to the claimant. The claimant claimed a compensation of Rs. 2,60,000/-. 3. Respondents 1 and 2, the owner and driver of the offending lorry remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy and further contending that the compensation claimed is excessive. 4. The Surveyor who prepared survey report was examined as PW1 and Exts.A1 to A14 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of evidence, the Tribunal awarded a compensation of Rs. 100,538/-. 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. No notice was issued to the respondents as we felt that even without issuing notice to the respondents, this appeal can be disposed of. MACA.No.400/2010 Page numbers 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the rash and negligent driving of the offending lorry by first 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. The Tribunal awarded damages on the basis of the Surveyor's report , Ext.A2 which is proved by PW1, the surveyor. Ext.A4 series photographs also show that the car has sustained damages as mentioned in Ext.A2. The Surveyor has estimated labour charges at Rs. 41075/-. Taking into account the depreciation, the Tribunal fixed the labour charges at Rs. 35,000/-. The cost of parts as estimated by the Surveyor Rs. 73,538/- was added to this. From this salvage value of Rs. 10,000/- was deducted. Along with this, Surveyor's remuneration of Rs. 2,000/- was added and Tribunal awarded a compensation of Rs. 1,00538/-. Taking into consideration the nature of the damage caused to the car of the claimant and the Surveyor's report Ext.A2 and the photographs Ext.A4 series, we feel that the compensation awarded by the Tribunal is just and reasonable. MACA.No.400/2010 Page numbers Therefore we are not disturbing the same. It follows that the appeal is without any merit and the same has to be dismissed. In the result, the Appeal is dismissed. No costs. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.400/2010 Page numbers