IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 MACA.No. 1959 of 2005() ----------------------- OPMV.67/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER:- ------------------------------- LALY M.P., D/O. BOSE, MANTHUDIYIL HOUSE, VAIKAMKUNNAM, KARIPADAM P.O., VAIKOM. BY ADV. MR. T.K.KOSHY MR. JOSWIN THAMBI KUNNATH RESPONDENTS/RESPONDENTS:- ------------------------------------ 1. CHANDRAN, S/O. THANKAPPAN, THEKKEDATH HOUSE, PALLIPPURATHUSSERIL KARA, VAIKOM VILLAGE. 2. P.K. SAINUDEEN, PANACKAL HOUSE, ENANALLOOR, PUNNAMATTOM, MUVATTUPUZHA. 3. THE NATIONAL INSURANCE CO. LTD., TRIPUNITHURA. ADV. MR. E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10.07.2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== M.A.C.A. No. 1959 of 2005 ========================== Dated this the 10th day of July, 2009. JUDGMENT Heard the learned counsel for the appellant as well as the learned counsel appearing for the 3rd respondent insurer. The appellant is the owner of a Swaraj Mazda bearing registration No. KL5A/6321 used as a goods carriage. On 06.03.2002, there was a head on collision between the said Swaraj Mazda and a tripper lorry bearing registration No. KL7P/3978 driven by the 1st respondent and owned by the 2nd respondent and of which the 3rd respondent is the insurer. The said accident occurred on account of the rash and negligent driving of the tipper lorry by the 1st respondent. The appellant filed O.P. No. 67 of 2003 before the Motor Accident Claims Tribunal, Kottayam claiming a total amount of Rs.43,772/- which was supported by Ext.A6 report of the Surveyor engaged by him. The Tribunal, after trial, as per the impugned award dated 27.09.2005 passed an award for Rs.20,000/- with 6% interest from the date of O.P till realisation. It is the said award which is assailed in this appeal by the M.A.C.A. No. 1959/2005 : 2: claimant. 2. Ext.A4 is the M.V.I report prepared soon after the occurrence. It shows that substantial damage had been caused to the windshield, front grill, cowl, headlight, bumper, front chassis, cross member tilt mechanism link on each side, cabin, left and right doors, steering shaft etc of the Swaraj Mazda. As per Ext.A6 Surveyor's report, the cost of spare parts was valued at Rs.20,572/- and labour charges was fixed at Rs.23,200/- and Surveyor's fee at Rs.1000/-. Reducing the salvage value, the surveyor had fixed a total amount of Rs.43,772/- which was the claim made in the O.P. 3. The Tribunal made a comparative evaluation of Ext.A4 M.V.I report and Ext.A6 Survey report to hold that Ext.A6 survey report would indicate more damage than what was noted by the Motor Vehicles Inspector. Such a comparison was not justified. The vehicle is inspected by the Motor Vehicles Inspector mainly to find out whether there was any break failure or mechanical defect for the vehicle. It is only incidentally that the Vehicle Inspector notes down the damage of the vehicle. But, when the vehicle is M.A.C.A. No. 1959/2005 : 3: actually repaired, every damage will have to be gone into and repaired and every damaged spare parts will have to be changed. Having regard to the contents of Ext.A6 Survey report, I do not think that it was an exaggerated report so as to warrant its rejection. Even the court below has fixed the sum of Rs.20,000/- by way of guess work without any basis. Under these circumstances, the impugned award is set aside and as against the sum of Rs.20,000/- awarded by the Tribunal below the claimant is held entitled to a total compensation of Rs.40,000/- (Rupees forty thousand only) which shall bear interest at the rate of 6% from the date of O.P till realisation. In the result, this appeal is allowed as above. No costs. Dated this the 10th day of July, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 1959/2005 : 4: