1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO.276 OF 2007. 1. Shri Subramanyam Reddy, aged 45 years,married, son of Shri Venkatesh Reddy, Businessman, resident of Hno 366, Khubarrwadda, Sirvoi, Quepem, Goa. ..... Appellant. Versus 1. Shri KamalakarGuno Velip, major in age, son of Shri Guno Velip, resident of Bamonsai, Sanguem, Goa (Driver) 2. Shri Sadanand Datta Naik, major in age, son of Shri Datta Naik, resident of Hno 103, Bhatti Barazan, Sanguem, Goa. ( Owner ) 3. United India Insurance Co. Ltd., Jamnadas Building, 2nd Floor, Church Road, Curchorem, Goa. (Insurer) ..... Respondents. Mr. Judas Chagas Silva, Advocate for the appellant. Mr. A. R. S. Netravalekar, Advocate for the respondent No.3. Coram :- R. C. CHAVAN, J. Date : - 21st August, 2008. ORAL ORDER : 1. This appeal by claimant is directed against the award by 2 the learned Presiding Officer in Motor Accident Claim Tribunal, South Goa,Margao, whereby the learned Officer of the Tribunal awarded a sum of Rs.40,700/- only against the claim of Rs.2,50,000/- made by the appellant towards damages caused to his Truck. 2. This appeal was listed for admission and by consent of the parties, was taken up for final adjudication, since the questions involved were simple and few, and record of the Tribunal was also available. I have heard learned Counsel for the appellant and respondent No.3 Insurance Company. None appeared for the respondent Nos. 1 and 2. The only question that arises for consideration, is whether the learned Presiding Officer of the Tribunal was justified in making 3/4th deduction towards depreciation from expenses incurred by the appellant in again making the truck roadworthy. On facts, the learned Presiding Officer had concluded that a sum of Rs.74,808/- had been spent on making the truck roadworthy. Relying on judgment in the case of Union of India Versus Ratanlal reported at 1988 ACJ 992, the Tribunal found that deduction can be made if the vehicle was old. The learned Presiding Officer relied on an admission of appellant's own witness No.5 Shri Diwani, who is Insurance Surveyor, that depreciation of 50 % is allowed on replacement of the parts if vehicle is more than 10 years old. The Tribunal concluded that since vehicle in question was 22 years old, deduction of 3/4th of the amount spent,was warranted. 3 3. The learned Counsel for the appellant rightly submitted that in order to keep a truck roadworthy, its parts go on getting replaced from time to time and, therefore, if a truck is roadworthy, its age really does not matter. In any case, there is no warrant for the deduction of 75% made by the learned Presiding Officer because the truck was 22 years old. It may be reasonable to hold that beyond 10 years, whatever the age of the vehicle, if its roadworthy, a deduction of 50 % towards depreciation of parts, may be appropriate. In this view of the matter, the deduction of Rs.56,106/- made from the expenditure of Rs.74,808/-, was not justified. Deducting 50 % of the amount Rs.74,808/- , the learned Presiding Officer ought to have awarded on this count a sum of Rs.37,404/-. 4. The learned Counsel for the appellant had made grievance about towing charges of Rs.2,000/- awarded against actual expenditure of Rs.5,000/-. As rightly pointed out by his learned adversary, the truck had not fallen in ditch but was on the side of the road as stated by appellant's own witness and, therefore, the claim of towing charges of Rs.5,000/-, was rightly reduced to Rs.2,000/-, and does not call for any interference. Substituting sum of Rs.37,404/- for sum of Rs.18,702/- allowed towards parts purchased, the total amount of compensation, which should have been awarded to the appellant, would come to 4 Rs.59,404/-. 5. The appeal is, therefore, partly allowed with corresponding costs. The respondent Nos. 2 & 3 do jointly and severally pay to the appellant a sum of Rs.59,404/- ( in place of Rs.40,700/- awarded by the Tribunal) with interest @ of Rs.6 % p.a. from the date of the petition before the Tribunal till the amount is paid. Decree accordingly. R. C. CHAVAN, J. SMA