IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 2251 of 2007(D) --------------------------- --------- O.P(MV).NO.2129/1994 OF II ADDL. M.A.C.T., KOZHIKODE. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ ASSISTANT EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, K.S.E.BOARD, WEST HILLS, CALICUT. BY ADV. SRI.C.K.KARUNAKARAN, SC, KSEB. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. K.SHAJI, S/O.P.P.RAGHAVAN, THARIYODI VAYAL, PUTHIYANGADI P.O., EDAKKAD, KOZHIKODE. 2. ABDUL REFEEQUE, S/O.MOHAMMED, NAVAZ MANZIL, P.O.MEENCHANDHA, CALICUT. 3. THE MANAGER, M/S.ORIENTAL INSURANCE COMPANY LTD., 11/93, SECOND FLOOR, PRAMOD BUILDING, CALICUT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2251 OF 2007 --------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT This appeal is preferred against the award of the II Additional Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.2129/94. The claimant is the Kerala State Electricity Board. It is the case of the claimant that on account of the rash and negligent driving of a bus, three electric posts belonging to the Board was damaged and broken into pieces. One of the Engineers of the K.S.E.B prepared an estimate and assessed the damages at Rs. 12,530/-. Another Engineer was examined. The person who prepared the estimate had already retired. The tribunal did not give any reason for not accepting the same but had its own estimate and granted a sum of Rs. 7,000/-. It is true that on account of the non availability of the person who have prepared the estimate, the Board was not able to examine him. That does not mean that the said estimate is incorrect because it has been proved by the person who came into that post later. Further three electric posts were totally damaged in the accident. The amount claimed is only Rs. 12,530/-. I feel further amount of Rs. 5,000/- can be awarded in this case with M.A.C.A. No. 2251/2007 -2- interest. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 5,000/- with 9% interest on the said sum from the date of petition till realisation. The third respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm