IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 MACA.No. 1304 of 2009() ---------------------------------- OPMV.1608/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER: ------------------------- THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY ADV. MR. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): RESPONDENTS: --------------------------- 1. M.HAREENDRAN, S/O.ANANDAN, CHOVVA P.O., KANNUR. 2. K.P.SHAKEEL, GOLDEN TRAVELS, 20/2 SWAMI COMPLEX, BANGALORE, KARNATAKA. 3. THE UNITED INSURANCE CO.LTD., REP.BY THE MANAGER, KANNUR BRANCH, KANNUR-670 002. R3 BY ADV. SMT.S.JAYASREE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1304 OF 2009 ............................................. Dated this the 15th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thalassery in OP(MV)No.1608/2001. The claimant is the Kerala State Electricity Board and it has filed a petition for damages sustained to the transformer structure situated at Irinavu road junction. Ext.A3 is the work estimate. Work estimate is not a substitute for the real expenses incurred. Further work estimate is a self serving document prepared by an officer of that establishment. Nobody has cared to enter the box to give any evidence regarding actual expenses incurred for the repairs. Further, there was storage and CH charge and department charge s at the rate of 16 to 21%. None of these things are proved. So, the Tribunal had to make its own guess estimate and decided the amount. No proper materials are available in the appeal also. In stead of dismissing the application, the Tribunal has awarded an amount of Rs.15,000/=. I feel ends of justice will be met by awarding the said compensation. : 2 : M.A.C.A.No.1304 OF 2009 Nothing to interfere with the decision of the Tribunal. The appeal is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1304 OF 2009