IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1569 of 2004() ----------------------- OPMV.1843/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- JOSEPH ALEXANDER, AGED 71 YEARS, SON OF JOSEPH, THERUVIPARAMBIL HOUSE, KUMBALANGI, COCHIN-7. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. SMT.MANJUSHA MOHANDAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.A. IBRAHIMKUTTY, MANAPPURATH HOUSE, ALANGAD, PANAIKULAM, NORTH PARUR. 2. K.K. ARAVINDAKSHAN, KURIDUPARAMBIL HOUSE, P.O. KUNJITHAI, N. PARUR. 3. NATIONAL INSURANCE COMPANY LIMITED, ERNAKULAM. R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008 THE COURT ON THE SAME DAY DELIVERED FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1569 OF 2004 -------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation awarded for the loss caused to the appellant's car in the accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. The car involved in the accident was a 1970 model ambassador petrol car. Compensation awarded for the damage caused to the car is Rs. 10000/-. The whole case of the appellant is based on the survey report and considering the extensive damage caused to the car, higher compensation should have been awarded, is his case. The case of the insurance company is that appellant is not entitled to any increase because Tribunal clearly found that survey report is exaggerated. We are inclined to accept the case of the insurance company because in the first place petitioner did not produce insurance policy covering his car and the benefit if any he got under the 2 said policy. Besides this, car is a 1970 model car and there is no case for the appellant that the accident led to write-off of the car. In fact car probably would have been repaired and re-used by the appellant. In the circumstances, we do not find any ground to interfere with the award of compensation by the Tribunal. Appeal is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3