IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA.No. 1392 of 2001(D) ----------------------------------- OPMV.231/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT - PETITIONER: ----------------------------------- A.K. RAJAGOPALAN, AGED 45 YEARS, AYYANKOTTIL HOUSE, OTTAPALAM - 679 101. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. KUTTAN, S/O. SANKARAN, MADAPPATTIL HOUSE, ARAVAKKAD, CHITTISSERY, PUTHUKKAD, THRISSUR DISTRICT PIN - 680 301 (DRIVER OF BUS NO.KL8-D/8822 DL NO.1815/83-84, BADGE NO.324/85 VALID UPTO 21.12.1998 (DELETED) 2. THE SECRETARY, THRISSUR DISTRICT SC & ST CO-OPERATIVE SOCIETY, AYYANTHOLE, THRISSUR (OWNER OF BUS NO.KL8D 8822) (DELETED) 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, THRISSUR (INSURER OF BUS KL8D 8822 POLICY NO.100606/31/040/11/088/31451/97 VALID UP TO 2.6.1998. 4. V.M. .UMMER, S/O. MUHAMMAD, VAYAMBATHODIYIL HOUSE, KIZHAYOOR, PATTAMBI (DRIVER OF CAR NO.KRM 6333 (DELETED). 5. ASHRAF ALI (FATHER'S NAME NOT KNOWN) MOGHANAM KUZHIYIL HOUSE, SANKARA MANGALAM, PATTAMBI PALAKKAD DISTRICT (DELETED). 6. NATIONAL INSURACNE CO. LTD., GURUVAYOOR, THRISSUR DISTRICT. THE NAME OF RESPONDENTS 1, 2, 4 & 5 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 20.9.2007 ON I.A. NO.1783 OF 2007 BY ADV. SMT.SARAH SALVY SRI.P.SANKARANKUTTY NAIR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.1392 of 2001 ------------------------------------------------- Dated, this the 5th day of February, 2008 JUDGMENT The owner of a motor vehicle who was dissatisfied with the compensation awarded by the Tribunal on account of damages sustained to the vehicle is the appellant. Appellant was the owner of a motor car bearing registration No.KL 10/041. An accident occurred on 22.1.1998 in which the vehicle sustained damages. Appellant filed Original Petition impleading owner, driver and insurer of the offending vehicle. Tribunal found that appellant was entitled to get Rs.10,300/- as compensation on account of the damages sustained to the vehicle. After deducting 20% depreciation it awarded a sum of Rs.8,240/-. Dissatisfied with the quantum of compensation, the claimant himself has filed this appeal. 2. The fact that the appellant's vehicle sustained damages is proved in this case. The finding of the Tribunal that the vehicle came from the rear side hit against the rear side of the vehicle owned by the appellant is also correct. So the finding of the Tribunal that the accident occurred due to the negligence of the first respondent is only to be confirmed. Though the surveyor calculated the net loss at Rs.24,260/- the Tribunal awarded MFA No.1392/2001 2 only Rs.5,000/- as cost of labour and Rs.5,000/- as cost of spare parts. Appellant produced documents to show the cost of spare parts. The labour cost awarded is very low. I am of the view that at least Rs.2,000/- and Rs.3,000/- more ought to have been awarded for cost of labour and cost of spare parts respectively. Thus the appellant is entitled to get an additional compensation of Rs.5,000/- which will carry interest at the rate of 6% per annum. In the result, appeal is allowed in part. An award is passed in favour of the appellant authorising him to recover an amount of Rs.5,000/- more as additional compensation with 6% interest per annum from the date of petition till the date of realisation. This respondent insurer is directed to deposit the amount. On deposit the appellant can withdraw the entire amount. K. PADMANABHAN NAIR, JUDGE. cks MFA No.1392/2001 3 K.PADMANABHAN NAIR, J. M.F.A.No.1392 of 2001 JUDGMENT 5th February, 2008.