IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MFA.No. 172 of 2000() ------------------------------ OPMV.1599/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/3RD RESPONDENT --------------------------------------------- M/S. UNITED INDIA INSURANCE CO. LTD., INDIRA GANDHI ROAD, WEST ISLAND, KOCHI-3. BY ADV. SRI.R.S.KALKURA RESPONDENTS/PETITIONER/RSPONDENTS 1 & 2. ------------------------------------------------------------------------ 1. M.S.SUNILKUMAR, S/O.SANKARAN, NALLANEKEL HOUSE, POTHUPARAMBU, KODUNGALOOR. 2. K.J.PAUL, S/O.K.P.JOSEPH, KANDANDATHIL HOUSE, SMC 23, CHERTHALA. 3. FRANSIS, S/O.KURIAKOSE, MODASANNIKKAL VEETTIL, SSP III W CHERTHALA SOUTH, PANCHAYAT, CHERTHALA. BY ADV. SRI.V.J.JOHN - R2 SRI.JOSE KURIAKOSE (VILANGATTIL) - R2 SRI.JOHN JOSEPH(ROY) - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.1014/2000 IN MFA NO.172/2000 DISMISSED 10/07/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // M.N.KRISHNAN, J. -------------------------- M.F.A. No. 172 OF 2000 --------------------- Dated this the 10th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1599/93. It relates to a claim for compensation on account of the damages sustained to the vehicle in a road accident. The Tribunal had considered the said factum in para 10 of the award. The Tribunal accepted Ext.A13 estimate as such and awarded a compensation of Rs.98,435/-. It is very clear that Ext.A13 is only an estimate with respect to the value of the spare parts and repairing charges. Nothing is produced to show that in pursuance of the same spare parts had been purchased and the vehicle had been repaired and that amount has been spent. It is a matter that has to be proved and it is not proper for any court to award damages on the mere estimate or an estimate submitted. Therefore the award under challenge suffers from serious infirmity and it is liable to be set aside. I do so. The MFA is allowed and the award under challenge is set aside and the case is remanded back to the Tribunal for fresh MFA No.172/00 2 consideration after permitting all parties concerned to adduce documentary as well as oral evidence in support of their respective contentions. Since the claimant has not appeared before this court, it is desirable that a notice is issued to the claimant from the Tribunal before the matter is proceeded with at the expenses of the Insurance Company. Parties are directed to appear before the Tribunal on 21.8.08. M.N.KRISHNAN, JUDGE vps MFA No.172/00 3