IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No.465 of 2003 (B) ------------------------------ OPMV.724/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------- M.P.ALAVIKUTTY, AGED 50 YEARS, S/O. KUHI MOIDEEN HAJI, MADARI PALLIYELIL HOUSE, KADAMBODE POST, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: RESPONDENTS: ------------------------------------- 1. MOHANAN, S/O. CHANDUTTY, PUTHANPARAMBIL HOUSE, KODASSERY, MALAPPURAM DIST. 2. P.MOHAMMED, PARAKKAL HOUSE, PANDIKKAD, MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., MANJERI, MALAPPURAM DISTRICT. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.K.SHIBILI NAHA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.465 of 2003 --------------------------------- JUDGMENT Balachandran, J. Appellant is the owner of House No.AP XI/389. On 16.2.1998 at about 9.45 a.m. bus bearing Reg.No. KLM 2549, driven by the first respondent, owned by the second respondent and insured by the third respondent Insurance Company dashed against the house of the appellant and caused collapse of a major portion of the house. The incident occurred on account of the rash and negligent driving of the bus by the first respondent. The appellant claimed in all an amount of Rupees Two lakhs by way of compensation for property damage. The Tribunal awarded only a sum of Rs.12,000/-. Hence this appeal by the aggrieved claimant. Claim for enhancement in compensation alone arises for consideration in this appeal and hence we are considering only that aspect in this appeal. 2. Exhibit C1 is the report obtained by deputing a commission assessing the extent of MACA 465/03 2 damage. The Commissioner has assessed the details of damage and estimated a total sum of Rs.1,43,130/- as the amount required to re- construct that part of the building which has got demolished by the bus dashing against it. Though the details for working out the cost are furnished in Exhibit C1 commission report, furnishing the value of the materials, cost of labour, etc., without assigning sufficient reason to ignore the said report, the Tribunal has accepted the construction cost estimated by the Surveyor vide Exhibit B3 at Rs.11,160/- and rounding off the said amount has awarded Rs.12,000/- by way of compensation. 3. It is vehemently contended by the counsel for the appellant that the report of the Surveyor has no basis at all in the light of Exhibit C1 report, which has given reasons for estimating the damage caused to the building. On a detailed consideration of the commission report and considering also the fact that what would be so constructed by investing so much amount as MACA 465/03 3 estimated by the Commissioner would be a new construction in lieu of the portion which has got damaged, we are of the view that half of the amount estimated by the Commissioner can be taken as the damages caused to the appellant. Thus, we fix the compensation for the property damage caused to the appellant at Rs.71,565/-. Deducting Rs.12,000/- already awarded by the Tribunal, the balance amount due to the appellant will be Rs.59,565/-, rounded to Rs.59,600/-. The above amount of Rs.59,600/- should be deposited by the third respondent Insurance Company within two months from today with 7% interest per annum from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. Appeal is allowed in part. (J.B.Koshy, Judge) 21st October, 2008 (K.P.Balachandran, Judge) tkv