IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 2957 of 2009() ------------------------------------- OPMV.322/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) -------------------------------------------------------- SIVADAS, S/O.KARTHYAYANI AMMA, PALAZHI HOUSE, NADUVARAMBU P.O. & DESOM, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ----------------------------------------------------------------- 1. AJITHKUMAR.K.S., S/O.SAHADEVAN, PALLIPORT, MUNAMBAM, ERNAKULAM. 2. RAJESH, S/O.PUTHENPURACKAL PURUSHAN, PERUMBILLY CHURCH ROAD, NARAKKAL P.O., ERNAKULAM DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., 2ND FLOOR, RAMAN CENTRE, VALANJAMBALAM, ERNAKULAM. R3 BY ADV. SRI.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2957 OF 2009 ............................................. Dated this the 4th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.322/2005. The claimant, an owner of the bus, moved an application on account of the damages sustained to his bus when it collided with lorry No.KL-7/V 3009. The Tribunal awarded him a compensation of Rs.62,150/= with 7% interest. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard. The point that had been canvassed before me is regarding the deduction for depreciation with respect to the spare parts purchased and non allowing of the entire labour charges involved. So far as depreciation of spare parts are concerned, now a latest decision on this point is rendered by a Division Bench in a decision reported in Abraham v. Johny (2009 (4) KLT 679). The Division Bench held that depreciation can be reduced while granting compensation however there cannot be depreciation of labour charges. 3. The vehicle involved in the accident is a 1998 : 2 : M.A.C.A.NO.2957 OF 2009 model bus. Purchase of spare parts is for a sum of Rs.37,080/=. Considering the age of the bus, I feel that 25% deduction will be sufficient, which means the claimant will be entitled to a sum of Rs.27,810/=. Though the labour charges assessed by the surveyor is Rs.38,000/= bills are produced only for Rs.35,190/= and it has been granted by the Tribunal. Similarly the Tribunal has also granted Rs.1,000/= towards Surveyor's charges. When all these are added together the claimant will be entitled to a sum of Rs.64,000/= out of which is Rs.62,150/= is granted which means the claimant is entitled to an additional compensation of Rs.1,850/= which I round as Rs.2,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2957 OF 2009 : 4 : M.A.C.A.NO.2957 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T