IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 MACA.No. 361 of 2008(A) ------------------------------ OPMV.2257/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): APPELLANTS --------------------------------- ASST. EXECUTIVE ENGINEER ELECTRICAL MAJOR SECTION K.S.E.BOARD,FEROKE, KOZHIKODE. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB RESPONDENT(S): RESPONDENTS --------------------------------------- 1. K.K.MARAKKAR KUTTY, VELUTHERUMKUNNU HOUSE, P.O.CHRIOIM, VIA-KONDOTTY,MALAPPURAM DISTRICT. 2. THE BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LTD V.K.BUILDINGS,CHEROOTTY ROAD CALICUT. ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 361 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th day of January, 2009 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)2257/96. The Kerala State Electricity Board had claimed damages of Rs.10,881/- for the damages sustained to the electric posts and lights when the jeep hit on the same. The Tribunal estimated the loss including the labour charges at Rs.8,992/- and allowed the same. It again claimed an amount of Rs.1,883.41 as departmental charges. In a case under tortious liability what is to be compensated is the loss sustained and not something else. It is not known what is meant by departmental charges in a case which involves damages to an electric post or breaking of the light. The Tribunal has estimated and given the damages for the loss sustained to the Electricity Board on account of the damages to the electric posts as well as to the lights. So nothing M.A.C.A. 361 OF 2008 -:2:- further remains to be awarded. There is no merit in the appeal and therefore the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-