IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 1881 of 2010() ------------------------------------- OPMV.2119/2006 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER -------------------------------------- V.C. RADHAKRISHNAN, AGED 56 YEARS, S/O.KRISHNAKURUP,RESIDING AT M-26, A-5, KRISHNA, MALAPARAMBA HOUSING COLONY, MALAPARAMBA, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN, SRI.P.A.HARISH, SMT.RESMI NANDANAN. RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. P.T. ABDUL RAHIMAN, S/O.MOHAMMED, PAIKKADATHODI HOUSE, PULIKKAL, POST AIKKARAPPADY, MALAPPURAM- 673 637. 2. T.K. ABDUL SHAMEER, FATHIMA MANZIL, PUTHIYANGADI P.O., KOZHIKODE- 673 021. 3. THE NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, PARCO TOWERS, P.M. TAJ ROAD, KOZHIKODE. R3 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1881 OF 2010 ............................................. Dated this the 22nd day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2119/2006. The claimant, who is the owner of a Maruti car involved in the accident, had filed an application for personal injuries as well as damages sustained to the car. The Tribunal has awarded ` 4,000/= for personal injuries and ` 25,000/= towards damages to the car. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant had made available before me for perusal a well prepared report of the surveyor. 3. First let me deal with the personal injury. The claimant had sustained a lacerated wound on the scalp. The nature of damages sustained to the vehicle would reveal the impact that had been created. Considering the fact that the injury is in the scalp in the form of lacerated wound, I : 2 : M.A.C.A.NO.1881 OF 2010 am inclined to grant ` 2,000/= more towards personal injuries. 4. The other important question is regarding the vehicular damages. The surveyor had inspected the vehicle on 21.6.2006 and thereafter. The accident took place on 18.6.2006. The Commissioner had taken into consideration the labour charges + total cost of spare parts after deducting depreciation for the spare parts. According to the surveyor, ` 22,200/= is the cost of labour and ` 15,157.19 is the cost of spare parts and materials after deduction for the depreciation. He had also given the descriptions and details regarding the nature of damages and replacement to be done and the repairs to be effected. 5. Therefore, I feel it is only just and proper to accept the surveyor's report. Observation of the Tribunal that the Surveyor has inspected the vehicle after the repairs appears to be incorrect in the light of the entries made in the surveyor's report. Over and above this, certainly the vehicle would have been towed to the workshop and the surveyor also would have been paid. I fix ` 500/= as the towing : 3 : M.A.C.A.NO.1881 OF 2010 expenses and `1,500/= as the fees for the surveyor. So the additional entitlement would be `12,357/= for spare parts and repairs, ` 500/= for towing charges, `1,500/= for surveyor's charges and ` 2,000/= for additional compensation for personal injuries which makes ` 16,357/=. I round it as ` 16,400/=. 6. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of ` 16,400/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.1881 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T