IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 MACA.No. 1539 of 2009() ---------------------------------- OPMV.939/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ----------------------------------------- ALIAS, S/O.CHAKKU, KEERIKADAN HOUSE, AKAPARAMBU KARA, NEDUMBASSERY, ANGAMALY. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. K.V.JOY, KOLENCHERRY HOUSE, NAYATHODE, ANGAMALY. 2. BAIJU, S/O.KUNJAVARAH, ALUNGAPUTHUSSERY HOUSE, NAYATHODE, ANGAMALY. 3. THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, METRO PALACE, OPPOSITE NORTH RAILWAY STATION, KOCHI - 18. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. -------------------------------------------------------- M.A.C.A.No.1539 OF 2009 --------------------------------------------------------- Dated this the 20th day of August, 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor, in O.P.(MV). No.939 of 1999. The claimant is the owner of a building which sustained damages on account of a tempo van hitting on the building. A Surveyor was appointed and he had assessed damages at Rs.14,360/-. He had also opined that 50 % of the stones could be used for reconstruction of the building. With such details the Tribunal reduced 50% deprecation and awarded compensation. It is true that certain amount of depreciation has to be granted. At the same time, it has also to be borne in mind that escalation in the cost of price and escalation in the wage structure also has to be taken into consideration when renovation is to be effected. So taking into consideration the said fact, I am inclined to reduce 20% as depreciation and when it is done the claimant will be entitled to additional compensation of Rs.2,590/- which is rounded as Rs.2,600/-. For the delay, the Insurance Company shall not be liable to pay the interest. Therefore, award is passed allowing an additional compensation of Rs.2,600/- with 7% M.A.C.A.No.1539 OF 2009 2 interest from the date of petition till 15.2.2006 and thereafter from 21.5.2009 till realisation. The respondent Insurance Company is directed to deposit the said amount within 60 days of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE. mns