IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 RP.No. 835 of 2008 -------------------------- AGAINST THE JUDGEMENT IN M.A.C.A. NO.495/2004 DATED 08/07/2008. .................... REVIEW PETITIONERS: --------------------------------- 1. THRESSIAMA CHACKO, W/O LATE JOSEPH CHACKO NEDUMPATHALIL, EZHUKUMVAYAL POST, VIA. NEDUMKANDAM, IDUKKI DISTRICT. 2. SONY JACOB,, S/O LATE JOSEPH CHACKO, DO....DO.... 3. LEENA JACOB, DO....DO..... 4. JULIE JACOB, D/O DO....DO..... BY ADV. SRI.MATHEW JOHN, ADV. SRI.AJEESH K.SASI. RESPONDENTS: ----------------------- 1. THE ORIENTAL INSURANCE CO.LTD., BRANCH PALAKKAD, T.S.M.COMPLEX, V.G. ROAD, PALAKKAD, REPRESENTED BY THE ASSISTANT MANAGER, MOTOR THIRD PARTY CLAIMS CELL, REGIONAL OFFICE, NORTH RAILWAY STATION, ROAD, ERNAKULAM, COCHIN- 682 018. 2. LEKSHMI BALASUBRAMANIAN, KUMARANKUNNATH HOUSE, NEAR TRINITY CONVENT, KALAZHI POST, THRISSUR DISTRICT. R1 BY ADV. SRI. JACOB MURICKAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== R.P. No.835 of 2008 in MACA 495 OF 2004 ===================== Dated this the 6th day of August 2008 O R D E R This review petition is preferred against the judgment of this Court dated 8.7.2008 whereby this Court had directed a compensation of Rs.8,340/- with 6% interest to be paid to the claimant with cost of Rs.500/-. The said award was passed on the basis that the Tribunal awarded a sum of Rs.86,240/- and this Court found that since there had been a payment of Rs.77,900/- by the insurer of the vehicle of the claimant, the balance alone need be paid. This Court did not consider the question regarding the actual amount spent for the repair of the vehicle. A perusal of the award of the Tribunal would show that it has accepted Rs.1,13,944/-, as the amount involved but deducted depreciation of 30% and arrived at a decision. This Court in the decision reported in MACA No.693 of 2004(DB) had taken the view that no deduction need be made for depreciation. I had also taken the view in very many cases, especially accepting the decision of the Karnataka High Court reported in M.R.Narahari Pandit v. Veenadevi Jalan and another(1997 ACJ 245). In the said decision it has been held that the RP 835/2008 -:2:- question of depreciation would arise only when the vehicle becomes a scrap or suffers total loss for which the damages have to be determined. So accepting this principle it has to be held that the depreciation given by the Tribunal has to be set aside and the amount has to be calculated. When it is done, the amount that will be due to the claimant will be Rs.36,044/- which is rounded as Rs.36,040/-. At the time of filing of the appeal, Rs.25,000/- has been deposited by the insurance company and subsequently pursuant to my order, another Rs.18,000/- had been deposited thereby a total amount of Rs.43,000/- had been deposited and withdrawn by the claimant. The application is filed on 14.5.1997 and if interest is calculated for 8 years upto 2005 when the first deposit is made till that time, the interest portion will be Rs.27,300/-. When they are totalled, the entitlement would come to Rs.63,340/-, out of which Rs.43,000/- had been paid. That means, the claimant will be entitled to a compensation of Rs.20,340/- which will be the balance amount after deducting Rs.43,000/- deposited. Since Rs.43,000/- is already deposited and disbursed I confine the award only to the balance amount, viz., Rs.20,340/-. The Tribunal has awarded an interest of 9%. Being a damage claim, I restrict the interest to 6%. So the judgment passed by me on 8.7.2008 is reviewed and the insurance company is directed to deposit Rs.20,340/- within 60 days from RP 835/2008 -:3:- the date of receipt of a copy of this judgment. If they failed to deposit that amount within the stipulated time, the claimant will be entitled to 6% interest on the said sum from the said date of default. The Tribunal may disburse the amount to the claimant. M.N.KRISHNAN, JUDGE Cdp/-