IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 401 of 2003() ---------------------------------- (AGAINST O.P(MV) NO.218 OF 1998, MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- HARIDAS, S/O. ARAVINDAKSHAN, ARAKKAPARAMBIL HOUSE, CHALAKUDY P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENTS: RESPONDENTS IN OP(MV) --------------------------------------------------------- 1. SHIBU S/O. AUTOKARAN THOMASKUTTY, KODAKARA VILLAGE, KANAKAMALA P.O. 2. BABU S/O. THOZHUTHUNGAL KRISHNANKUTTY VAISSERRY DESOM, PARIYARAM VILLAGE, VETTILAPARA P.O., CHAIPPANKUZHI VIA. 3. MANAGER, NATIONAL INSURANCE CO., PATTALAM ROAD, THRISSUR BY ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DELIVERED DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 401 OF 2003 = = = = = = = = = = = = = = = Dated this the 16th 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, Irinjalakuda in O.P.(MV)218/98. The said application is filed for injuries sustained by the person and damages sustained to the vehicle. PW2, the surveyor gave a survey report estimating the spare parts at Rs.31,036/- and labour charges at Rs.6,800/-. The Tribunal deducted the depreciation and granted the compensation. Or in other words it awarded Rs.16,099/- towards value of spare parts, towing charges Rs.150/- and labour charges Rs.6,800/-. The appeal is preferred against the disallowance of the entire amount claimed, especially, the challenge against the finding on depreciation. 2. Heard the counsel for both sides. The learned counsel would submit before me that the Tribunal cannot deduct depreciation for replacement of spare parts. In the decision reported in M.R. Narahari Pandit v. Veenadevi M.A.C.A. 401 OF 2003 -:2:- Jalan (1997 ACJ 245), the Karnataka High Court had considered this question and held that the question of depreciation would arise only when the vehicle becomes a scrap or suffers total loss for which the damages have to be determined. When the damages awarded were to meet the actual expenses incurred for the repairs and replacement, the question of depreciation does not arise. It has been further held that in order to make the vehicle to a roadworthy condition, the vehicle has been repaired by replacing the new spare parts and therefore the actual cost of new spare parts had to be given to the owner of the vehicle. Therefore, depreciation cannot be granted. When it is so claimant will be entitled to Rs.31,036/- towards spare parts, Rs.6,800/- towards labour charges, Rs.150/- towards towing charges and Rs.1,000/- towards service fee. When it is added up the claimant will be entitled to a damage of Rs.38,986/- so far as it relates to the vehicle. Out of this the Tribunal has awarded Rs.24,049/- which means the claimant will be entitled to an additional compensation of Rs.14,937/- M.A.C.A. 401 OF 2003 -:3:- which I round as Rs.14,900/-. The same view has been taken by the Division Bench of this Court in MACA 693/04. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,900/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-