IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 1696 of 2005() ---------------------------------- OPMV.369/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER IN THE O.P(MV): ------------------------------------------------------------ GEEVA GEORGE, S/O. K.D. GEORGE, KADA HOUSE, THRIKKUR P.O., PONNUKKARA, THRISSUR, REP. BY POWER OF ATTORNEY K.D.GEORGE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENTS/ RESPONDENTS IN THE O.P(MV): ---------------------------------------------------------------------- 1. SUNIL VARGHESE, SHANTHOSH BHAVAN, THREE JUNCTION, EAST KALLADA, KOLLAM. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, MAHESWARI BUILDING, M.G.ROAD, THRISSUR, REP.BY ITS DIVISIONAL MANAGER. BY ADV. SRI.MATHEWS JACOB (SR.) - R2 SRI.P.JACOB MATHEW - R2 SRI.VINOY VARGHESE KALLUMOOTTILL - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1696 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)369/00. It relates to claim for damages sustained to a vehicle in a road accident. It was a Maruthi van which belonged to the claimant. The Tribunal has found that there is a work estimate of Rs.31,700/- under Ext.A12 and there is Ext.A13 quotation for Rs.35,215/-. The Tribunal ultimately says that it is awarding a compensation of Rs.20,000/-. There is no basis for such a decision. Even otherwise it has to be stated that a mere surveyor's report or estimate shall not be the basis for fixing the quantum unless there is evidence to show what is the amount expended for repairing the vehicle and for purchasing the spare parts. So the claimant is directed to adduce evidence to show the real expenses incurred by him for effecting the repairs of the vehicle. It is also to be stated that depreciation need not be deducted unless the vehicle is M.A.C.A. 1696 OF 2005 -:2:- sold for scrap value which has rendered the vehicle useless on account of the accident. Spare parts are being purchased to put the vehicle back into a roadworthy condition for which spare parts has to be purchased. It is laid down in the decision reported in M.R. Narahari Pandit v. Veenadevi Jalan (1997 ACJ 245) and the Division Bench of this Court in the decision reported in MACA 693/04 had taken the same view. So I direct the Tribunal at the stage of disposal of the matter not to deduct any value for depreciation. The claimant will be entitled to get compensation for the purchase of the spare parts, labour charges, towing charges etc. and that can be determined by the Tribunal in accordance with law. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for consideration of the above point after permitting both sides to adduce both documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 1.9.08. M.N. KRISHNAN, JUDGE. ul/-