IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 693 of 2004() --------------------------------- OPMV.1053/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ---------------------- T.A.KURIAKOSE, THELEKKAT HOUSE, KADUKUTTY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------ 1. ITTOOP A.K., S/O.KORATH, AREEKKAL HOUSE, AZHAKAM P.O., MOOKKANNOOR. 2. VARKEY MATHEW @ MATHEW, KARESATH HOUSE, ACHAKAMKARAYIL P.O., MOOKKANNOOR. 3. MANAGER, NEW INDIA ASSURANCE CO., ANGAMALY. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.693 of 2004 ===================== Dated this the 4th day of June, 2008. JUDGMENT Koshy,J. Due to the negligence of the driver of the vehicle insured by the third respondent - Insurance Company the vehicle owned by the appellant-petitioner was badly damaged and he claimed Rs.15,000/- as damages. The Tribunal awarded an amount of Rs.9,643/-. The only dispute is regarding the quantum of compensation. 2. According to the appellant, he spent Rs.15,491/- to repair the vehicle. The Tribunal considered the matter and held as follows: "PW4 the surveyor has proved Ext.A26 survey report and Ext.A27 photographs. The surveyor stated that the labour charges was assessed to be Rs.2,000/- and value of spare parts was Rs.11,736/-. Total damages assessed was Rs.13,736/-. Depreciation was not calculated from the value of spare parts. The accident was happened in 1998. 40% depreciation has to be calculated and has to be deducted from the value of spare parts. Compensation is paid to restore the vehicle, to the pre accident condition." MACA 693/04 -: 2 :- 3. The Tribunal was considering the case of a third party claim. The appellant's scooter was damaged. He had to repair the same. He had purchased spare parts for the same. There is no point in deducting depreciation for spare parts or the actual labour charges spent by him. He had to make his vehicle road worthy and in the previous condition. Therefore, the entire amount of Rs.13,736/- spent by him for purchasing the spare parts and the labour charges ought to have been granted by the Tribunal apart from Rs.1,000/- as Surveyor fee. What was awarded by the Tribunal is only Rs.9,643/-. The additional amount payable will be Rs.5,093/-. We round the same as Rs.5,000/-. The above amount of Rs.5,000/- should be deposited by the third respondent - Insurance Corporation with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 5/6