IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 MACA.No. 1125 of 2010() ----------------------- OP(MV).1602/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------- DENNY VINCENT,S/O.VINCENT, ALOOKKARAN HOUSE, CHIRANGARA DESOM, KORATTY KIZHAKKUMMURI VILLAGE, KORATTY EAST PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY AGENT BROTHER BENNY VINCENT, S/O.VINCENT, ALOOKKARAN HOUSE, CHIRANGARA DESOM, KORATTY KIZHAKKUMMURI VILLAGE., KORATTY EAST P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV): --------------------------------- 1. GEORGE,S/O.PAILY,VADAKKANCHERY HOUSE, MOOKKANNOOR PO, THRISSUR. 2. BANBU,S/O.UTHUP, KORAN HOUSE, MANJAPRA PO, THRISSUR. 3. ORIENTAL INSURANCE CO.LTD., IST FLOOR, K.V.VARKEY MEMORIAL COMPLEX, ANGAMALY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK A.K.BAHSEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 1125 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 12th day of July, 2010 JUDGMENT Barkath Ali, J. In this appeal under Section 173 of Motor Vehicles Act, the claimant in O.P. (MV) No. 1602 of 2006 on the file of Motor Accidents Claims Tribunal, Irinjalakuda challenges the judgment and award of the Tribunal dated January 8, 2010, awarding a compensation of Rs.1,13,333/- for the damage caused to his car bearing registration No. KL-8/AD 262 in a motor accident. 2. The facts leading to this appeal, in brief, are these:- On January 22, 2006 he was driving his car bearing registration No.KL-8/AD 262 along the National Highway. At that time a Tipper lorry bearing registration No. KL-7/D 6244, driven by the second respondent, came at a high speed from the opposite side and dashed against the car of the claimant. Serious damage was caused to the car. According to the claimant, the accident occurred due to negligence on the part of the second respondent, driver of MACA 1125/2010 2 the tipper lorry. Therefore, the first respondent as the owner, second respondent as the driver and third respondent as the insurer of the offending Tipper lorry are jointly and severally liable to pay compensation to the claimant. 3. Respondents 1 and 2, the owner and driver of the offending tipper lorry, remained absent and were set ex parte by the Tribunal. The third respondent, the insurer of the offending Tipper lorry filed a written statement, admitting the policy and further contended that the accident occurred due to the negligence on the part of the claimant. 4. Exts.A1 to A10 were marked on the side of the claimant before the Tribunal. No evidence was adduced by the contesting third respondent. The Tribunal, on an appreciation of evidence, awarded a compensation of Rs.1,13,333/- With interest @ 7% per annum from the date of petition till realization. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard learned counsel for the claimant and learned counsel for the Insurance Company. MACA 1125/2010 3 6. The accident is not disputed. The learned counsel for the appellant/claimant argued that the tribunal ought to have accepted the case of the claimant and awarded Rs.1,70,000/- towards damages caused to the car. There is no force in the above contention. Surveyor has assessed the loss as Rs.1,70,000/-, as seen from the survey report Ext.P8. Towards depreciation, 1/3rd from that amount was deducted and the Tribunal awarded Rs.1,13,333/-. 7. On going through Ext.A8 survey report and the nature of the damages caused to the car of the claimant, we feel that the compensation awarded by the Tribunal is just and reasonable. It follows that the claimant is not entitled to any enhanced compensation. In the result, the appeal is dismissed. A.K. BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.