IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 47 of 2008() ------------------------------- OPMV.252/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER ------------------------------------- K.H.NAUSHAD, KAVANIPARAMBIL HOUSE, VENGALLORE P.O., THODUPUZHA. BY ADV. SRI.V.K.VEERAVUNNY SRI.P.B.SUNEER RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. JOHNY C.D., CHIRACKAL, NEAR BRIDGE, PERUMBAVOOR ROAD, KALADY. 2. POLACHAN V.T., VADAKEPURATHAN HOUSE, MATTOOR, KALADY. 3. UNITED INDIA INSURANCE CO. LTD., JASMINE BUILDING, PERUMBAVOOR. 4. ORIENTAL INSURANCE CO. LTD., RAILWAY STATION ROAD, ALUVA. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T COUNSEL FOR THE APPELLANT ABSENT. APPEAL DISMISSED FOR DEFAULT. SD/- M.N.KRISHNAN, JUDGE 17.11.2008 /TRUE COPY/ PS TO JUDGE M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 47 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)252/01. The vehicle bearing Reg.No.KL-5E-7990 was involved in an accident and the claimant has filed an application for damages claiming Rs.25,000/-. The Tribunal dismissed the case on the ground that the materials available are totally inadequate to fix the damages. I cannot find fault with the the Court below in making such observations for the reason authentic records are not produced before the Court. But from the materials available namely scene mahazar and A.M.V.I. report as extracted in paragraph 9 of the award the vehicle had sustained damages on the bonnet, grill, radiator, fan, water pump, right hand side front mud-guard, cowl assembly, cabin top etc. The scene mahazar also reveals about the nature of damages sustained. The unsigned surveyor's report was put in evidence which the Tribunal did M.A.C.A. NO. 47 OF 2008 -:2:- not accept. According to the learned counsel for the appellant the original of the surveyor's report was given to the insurance company which they had mis-placed and that had compelled him to produce a copy without signature of the surveyor. The Tribunal was right when it held that much reliance cannot be placed on such type of documents. The Tribunal was also partly right when it held that it cannot estimate damages on mere guess. But I feel that it may not be proper to dismiss the petition especially in the back drop of the A.M.V.I. report and scene mahazar that a lorry has sustained damages as described in paragraph 9 of the award. I am conscious that what I am going to award is only a guess work of this Court since precise materials are not available. I am resorting to the same taking into consideration the unsigned surveyor's report, the scene mahazar as well as the A.M.V.I. Report. According to the surveyor's estimate the total assessment comes to Rs.19,700/- which includes labour charges, cost of spare parts, towing charges etc. I feel this is a fit case where an amount of Rs.15,000/- can be awarded M.A.C.A. NO. 47 OF 2008 -:3:- as damages and I do accordingly. Therefore the MACA is allowed and the award under challenge is set aside and the claimant is awarded a compensation of Rs.15,000/- with with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent, insurance company(United India Insurance Co.) 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/-