IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 498 of 2006() ---------------------- OPMV.339/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/1ST RESPONDENT -------------------------------------- STATE EXPRESS TRANSPORT CORPORATION, TAMILNADU LTD., CHENNAI-2, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.SUBHASH CYRIAC RESPONDENTS/CLAIMANT AND 2ND RESPONDENT ------------------------------------------ 1. TREESA TOM, KONDODICKAL, VADAVATHUR P.O. 2. E.CHANDRAN, S/O.ERUZHAPPAN, 20, KASIPURAM, `B' BLOCK, 10TH STREET, ROYAPURAM, CHENNAI-13. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 498/06 ORDER ON IA No. 578/06 IN MACA No.498/06 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 498 OF 2006 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 339/03. It was an application for damages filed by the owner of the bus. The bus was of 1992 model. The claim includes labour charges at Rs.16,000/-, cost of parts assessed at R.30,310 and towing charges of Rs.1,500/-. The Tribunal deducted 25% as depreciation and awarded a compensation of Rs.34,500/-. It is against that decision, the 1st respondent in the claim petition has come up in appeal. 2. It has to be stated that the present trend of decisions is to the effect that when vehicles are repaired for the purpose of making it into a road worthy condition, no amount should be deducted towards purchase of the spare parts. Similarly a deduction also cannot be made towards actual repair charges. But here it is a case where the Tribunal has deducted some amount. Therefore, it may not be proper on that part of this court to interfere with the amount arrived at by the Tribunal. MACA No. 498/06 2 3. Learned counsel would contend that being a property damage case, the court fee payable is only Rs.1/- and therefore atleast the cost portion should be reduced. There is some force in the said contention. Therefore, I reduce the cost from Rs.2,000/- to Rs.1,000/-. In the result, the appeal is disposed of confirming the quantum of compensation awarded by the Tribunal but reducing the costs from Rs.2,000/- to Rs.1,000/-. M.N.KRISHNAN, JUDGE vps MACA No. 498/06 3