IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 M.A.C.A.No. 1562 of 2004 ----------------------- ( OPMV.1254/1999 of THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ VIJAYAKUMAR, PUNNAKKATTIL @ MAMBILAYIL HOUSE, MANJAPRA, PRESENTLY DOING BUSINESS WITH LIC OF INDIA, CHALAKUDY, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV): ---------------------------------------------------------- 1. P.C.VARKEY, S/O. CHACKO, PARAVATTIL HOUSE, NEDUMBASSERY, MEKKAD P.O. 2. DEVADASAN, S/O. RAMAN NAIR, PATHARAKUDIYIL HOUSE, PALLARIMANGALAM P.O. 3. MANAGER, ORIENTAL INSURANCE CO.LTD., KALLOOKARAN SHOPPING COMPLEX, ANGAMALY. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------- M.A.C.A.No. 1562 OF 2004 -------------------------------------- Dated this the 16th day of July, 2008 J U D G M E N T This appeal is preferred against the award of Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No. 1254/1999. The case relates to vehicle damages. The claimant had claimed an amount of Rs. 25,157/- towards damages sustained to his vehicle. The surveyor's report reveals the cost of spare parts as Rs. 23,407 and the labour charges as Rs. 1,750/-. The Tribunal accepted the report but deleted 15% for depreciation and it is against that the present appeal is filed. 2. Heard the counsel for both sides. In the decision reported in Mr. Narahari Pandit v. Veenadevi Jalan and another in 1997 AC 245 it is held that “the question of depreciation would arise only when the bus becomes a scrap or suffers total loss for which the damages have to be determined. On the other hand, the vehicle was repaired by replacing new spare parts and the actual cost of new spares was to be given to the owner of the vehicle” M.A.C.A.No. 1562/2004 -2- It is for the purpose of making it to a worthy condition. The same view has been taken by a Division Bench of this Court in M.A.C.A. 693/2004. Therefore the award passed by the Tribunal requires modification. The allowable amount is Rs. 25,157/- and the allowed amount is Rs. 20,896/- and so the balance would come to Rs. 4,261/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs. 4,261/- with 6% interest from the date of petition till realisation and the Insurance Company is directed to deposit the amount within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE. vkm