IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1342 of 2007(C) ------------------------------------ OPMV.1252/2001 of II ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/PETITIONER : --------------------------------------- V. BIJU, S/O. VARUNAN, THATTUVILA KIZHAKKATHIL VEEDU, MURUNTHAL, PERINAD P.O., KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. SHAMEER, S/O. FAHARUDEEN, SAFITHA COTTAGE, KOOTTIKADA P.O., KOLLAM. * 2. SHIBU, S/O. BALACHANDRAN, SASI MANDIRAM, THRIVENI JUNCTION, AAKKOLIL CHERRY, ERAVIPURAM. 3. NATIONAL INSURANCE CO. LTD., KOLLAM. BY ADV. SRI.E.M.JOSEPH - R3 * R2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 04.07.2008 IN I.A.1605/08 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1342 OF 2007 --------------------- Dated this the 4th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the II Addl. Motor Accident Claims Tribunal, Kollam, in OP(MV) 1252/01. The petition is filed for damages sustained to a vehicle in a road accident. The Tribunal accepted the case of the claimant that spare parts had been purchased for Rs.5,701/- and repair charge had been paid at Rs.4,000/-. It also held that “so the petitioner would have been entitled for a total compensation of Rs.10,320/-.” But the Tribunal deducted the compensation by 50% on the ground that the vehicle was 15 years old. It is that finding which is challenged in this appeal. The Karnataka High Court in the decision reported in M.R.Narahari Pandit v. Veenadevi Jalon [1997 ACJ 245] held that the vehicle was repaired by replacement of new spare parts and their actual cost is to be given. The said court also held that the question of depreciation would arise only when it becomes a scratch or suffers total loss for which demourages have to be determined. One more thing to be followed in these types of cases is that in order to make MACA No.1342/07 2 the vehicle to a road plying condition necessarily the spare parts have to be replaced and when replacement of the spare parts is on account of the accident, one shall not be deprived of the actual amount spend for purchasing the spare parts. It is also submitted that the same view has been taken by the Division Bench of this court in MACA No.692/04. Therefore, the appeal is allowed and the claimant is entitled to a compensation of Rs.10,320/- with 6% interest and the proportionate cost as ordered by the court below. M.N.KRISHNAN, JUDGE vps MACA No.1342/07 3