IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 880 of 2005(C) ----------------------------------- OPMV.900/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/ADDL.PETITIONERS IN OP(MV) : ------------------------------------------------------------------ 1. MEENAKSHI AMMA, W/O.LATE P.RAMAN NAIR, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O NOW R/A. CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR TALUK. 2. RAVI, S/O.LATE P.RAMAN NAIR, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O,. NOW R/A. CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR TALUK. 3. RAJAN, S/O.LATE P.RAMAN NAIR, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O. NOW R/A. CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR TALUK. 4. RATHNAM, D/O.LATE P.RAMAN NAIR, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O. NOW RESIDING AT CHEROOR DESOM, VILVATTOM VILLAGE, THRISSUR TALUK. 5. SARALA, D/O.LATE .P.RAMAN NAIR, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O. NOW R/A. CHEROOR DESOM, VILAVATTOM VILLAGE, THRISSUR TALUK. 6. NALINI, W/O.GOPI, PALAKKAL HOUSE, THAZHEKKAD, KALLETTUMKARA P.O. NOW RESIDING AT CHEROOR DESOM, VILAVATTOM VILLAGE, THRISSUR TALUK. 7. RAJEEV (MINOR), AGED 12 YEARS, REPRESENTED BY HIS NEXT FRIEND AND NATURAL GUARDIAN MOTHER, 6TH APPELLANT NALINI, DO. DO. MACA.No. 880 of 2005(C) 8. ROSHINI(MINOR) AGED 8 YEARS, REP. BY HER NEXT FRIEND AND NATURAL GUARDIAN MOTHER, 6TH APPELLANT NALINI, DO. DO. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) : ------------------------------------------------------------- 1. P.GANGADHARAN, KATTIL HOUSE, EDACHERRY P.O. VADAKARA. 2. K.K.PRAKASHAN, S/O.KRISHNAN, KOTHODE HOUSE, MOILATHARA. 3. THE UNITED INDIA INSURANCE CO. SUNITHA BUILDINGS (BR.OFFICE V) D.B.ROAD, R.S.PURAM, COIMBATORE 641 002. BY ADV. SRI.S.MAMMU -R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 880 OF 2005 --------------------- Dated this the 8th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 900/97. It relates to the damages sustained to a vehicle in a road accident. It was a 1963 model Ambassador car that met with the accident. As per Ext.A13, the repair charges came to Rs.26,775/- and value of the spare parts came to Rs.19,563/-. The Tribunal deducted 75% depreciation from the value of the spare parts and awarded a sum of Rs.31,665/- minus Rs.750/- for salvage value. It is against that decision, the present appeal is filed. 2. Learned counsel for appellants has brought to my attention the decision of the Karnataka High Court reported in M.R. Narahari Pandit v. Veenadevi Jalan [1997 ACJ 245]. It was also a case where depreciation was granted by the Tribunal on the value of the spare parts used for repairing the vehicle. The Karnataka High Court held that the question of depreciation would arise only when the property becomes a scrap or suffers total loss for which damages have to be determined. When in a case the damages were awarded to meet the actual expenses incurred for repair and replacement, the question of depreciation does not arise. It further held that the vehicle was repaired by replacing new spare parts and MACA No.880/05 2 the actual cost of new spare parts was to be given to the owner of the vehicle. Therefore it reversed the decision of the Tribunal and granted the entire value of the spare parts. 3. But for the incident, the owner would not have been forced to replace the spare parts. The tort feasor cannot be allowed to escape and the amount actually spent has to be given. I am informed that a Division Bench of this court in MACA 693/04 has taken the view that depreciation or deduction need not be done on the value of the spare parts. Therefore in the light of these principles, I refix the compensation at Rs.45,588/-. Therefore the award passed by the Tribunal is modified and the appellants are awarded a compensation of Rs.45,588/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.880/05 3