IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 777 of 2006() ---------------------- OPMV.198/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT ------------------------------------ A.KUTTAPPAN NAIR, AMBILI SADANAM, S.P.10/769, AIROOR P.O., POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENTS/RESPONDENTS -------------------------------------------- 1. A.JAYA PAUL, 360-ALAGESAPURAM FIRST STREET, TUTICORIN. 2. UNITED INDIA INSURANCE COMPANY, XAVIER BUILDINGS, 2ND FLOOR, PWD OFFICE ROAD, NAGERCOIL, REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADV. SRI.S.MAMMU FOR R2 SRI.VIVEK VARGHESE P.J. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 777 OF 2006 --------------------- Dated this the 22nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 198/01. This is an appeal filed by the claimant for enhancement. It is the case of the claimant that his car was damaged in a road accident and he had claimed compensation of Rs.82,150/-. The Tribunal awarded him Rs.60,000/- but limited the liability of the Insurance Company to Rs.6,000/- and also held that the entire amount cannot be awarded. Dissatisfied with the award, the claimant has come up in appeal. 2. So far as it relates to loss of revenue, this court has taken a view that loss of revenue cannot be granted in a claim for damages and the claim under that head is only to be disallowed. The Tribunal has awarded compensation on the basis of the survey report and estimate. I think it may not be proper to grant any amount on the basis of the survey report when there is nothing to show that the vehicle has been repaired, spare parts have been purchased and labour charges had been paid. It is now fairly settled position that MACA No.777/06 2 when a vehicle is repaired on account of the damage sustained in a road accident in order to make it ply on the road necessarily the spare parts have to be purchased and replaced. In such cases one is not entitled to calculate depreciation. This has also been held by the Karnataka High Court in Mr. Narahari Pandit vs Veenadevi Jalan and another [1997 ACJ 245]. 3. Lastly it is on the question of limitation of liability. Under section147 Motor Vehicles Act unless there is a large coverage the liability of the Insurance Company is limited to Rs.6000/-. Since the matter is going back, the Tribunal shall consider whether there is wider coverage. Therefore the award under challenge is set aside for the purpose of following: (i). The claimant in the claim petition is directed to produce documents evidencing the actual amount spent for repairing as well as for purchasing the spare parts. (ii). The Tribunal is directed not to deduct anything towards depreciation on the value of the spare parts. (iii). The Tribunal is also at liberty to consider whether there is wider coverage of the claim for damages and whether any additional premium is paid for that. MACA No.777/06 3 (iv). It has to be held that the claimant is not entitled to get any compensation for loss of revenue. For the purpose mentioned in (i) to (iii), parities are directed to adduce oral as well as documentary evidence in support of their respective contentions and Tribunal is directed to dispose the matter in accordance with law. Parties are directed to appear before the Tribunal on on 27.8.2008. M.N.KRISHNAN, JUDGE vps MACA No.777/06 4