IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 1022 of 2004(B) -------------------------------- OPMV.2097/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): /3RD RESPONDENT IN MVOP ---------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PATTAMBI, REPRESENTED BY THE MANAGER, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN 682018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENT(S): PETITIONER & RESPONDENTS 1,2 AND 4 IN M.V.O.P. -------------------------------------------------------------------------- 1. T.P.SAIDALU HAJI, S/O. POCKER, THACHAPARAMBIL HOUSE, P.O.RANDATHANI, TIRUR TALUK. 2. MUSTHAFA S/O. MOIDEEN, KUMBLATH VALAPPIL HOUSE, THRITHALA AMSOM, THRITHALA DESOM, PALAKKAD DISTATRICT. 3. CHANDRAN T.V. S/O. THEAHUNNI MENON, PUTHANVEETTIL HOUSE, VALANCHERRY. 4. N.SARADHA W/O. M.K.SUKUMARAN NAIR, AAKATH VALAPPIL HOUSE, P.O.KOTHACHIRA. ADV. SRI.ESM.KABEER FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1022 OF 2004 = = = = = = = = = = = = = = = Dated this the 25th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)2097/96. The claimant claims to be the owner of the property to which damages has been caused. The Tribunal awarded a compensation of Rs.30,000/- and it is against that decision the insurance company has come up in appeal challenging the claim. They had taken permission u/s 170 of the M.V.Act to contest the case. 2. At the out set it has to be stated that the materials available are totally insufficient to precisely fix the quantum. Even no document is produced to prove the ownership but the recitals in the scene mahazar would indicate that the property belongs to the claimant. A perusal of the scene mahazar would show that a wall belonging to this claimant having a length of 6 mtrs., width of 22 cm and height of 122 c.m. on the south western corner of the house M.A.C.A. 1022 OF 2004 -:2:- had been destroyed and similarly a wall from west to east having a length of 245 c.m., width of 22 c.m. and height of 122 c.m. also is damaged. It is also noted in the scene mahazar that there are some cracks on the wall of the two room building which belongs to this person and some damages are caused to the door etc. The claimant has not produced any acceptable, tangible evidence to fix the age of the wall or the house nor he tendered any evidence by examining the surveyor with respect to the preparation of the report. What is precisely seen from the scene mahazar is damages caused to the portion of the wall and the cracks that has developed to the two room building. The surveyor's estimate appears to be one for reconstruction of so many things and there is nothing before the Tribunal or this Court to show that on account of the impact the building requires so much of repairs, modification or reconstruction. Further there is no mention about the age of the building which also goes a long way to show that no real materials are available. Considering the length of wall that had been demolished and M.A.C.A. 1022 OF 2004 -:3:- the factum of developing of cracks on the wall, some amount of compensation has to be fixed. It can be done only by means of a guess work since the age of the building is also not known. Taking into consideration these aspects by a rough and ready estimate I am inclined to fix the damages at Rs.15,000/- and to that extend the appeal is liable to be allowed. In the result the MACA is partly allowed and the claimant is awarded a compensation of Rs.15,000/- with 4% interest on the said sum from the date of petition till realisation with a cost of Rs.1,000/-. If any amount is already deposited that may be given credit to and the balance amount need be deposited within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-