IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 MACA.No. 1206 of 2007(A) ------------------------------ (AGAINST THE AWARD PASSED IN O.P.(MV)373/99 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD.) ....................... APPELLANT (2ND RESPONDENT) --------------------------------------- A.M.YUSUF, S/O. ABOOBACKER HAJI, MUNDIATHADKA HOUSE, HOUSE NO.111/233, ARIYAPPADI P.O., PERDALA, (VIA) PUTHIGE, KASARAGOD TALUK. BY ADV. SRI.T.SETHUMADHAVAN RESPONDENTS: (PETITIONER & RESPONDENTS 1 & 3) --------------------------------------------------------------- 1. THE DISTRICT PLANNING OFFICER, DISTRICT PLANNING OFFICE, KASARAGOD. 2. K.SEKHARA, S/O. PAKEELA, RESIDING AT KOLLAMKANAM, MADHUR VILLAGE, KASARAGOD TALUK. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., M.G.ROAD, KASARAGOD. R1 BY GOVERNMENT PLEADER SRI. V.T.K.MOHANAN. R3 BY ADV. SRI.T.J. LAKSHMANAN IYER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. Nos.1381/07 & 2728 OF 2007 IN MACA NO.1206 OF 2007 DISMISSED 5/8/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1206 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2008. J U D G M E N T This appeal is preferred by the owner of the vehicle in O.P.(MV)373/99 against the award of the Motor Accidents Claims Tribunal, Kasaragod whereby the Tribunal has passed an award of Rs.28,289/- and directed the insurance company to pay Rs.6,000/- and the balance to be deposited by the owner. Learned counsel would contend the matter was remanded by this Court for consideration and after remand on an appeal filed by the owner, the amount has been enhanced and therefore it requires interference. 2. The main question considered was that of negligence and when the whole award is set aside and materials are placed the Tribunal is bound to fix the compensation. The claimant is none other than a Governmental Department. Now the latest trend of decisions including of this Court would reveal that when a vehicle sustains damages in a road accident, there need not be any M.A.C.A. 1206 OF 2007 -:2:- deduction on purchase of new spare parts. A Division Bench of this Court had taken such a decision in MACA 693/04. Similarly, I had also taken the same view relying upon the decision of the Karnataka High Court reported in M.R. Narahari Pandit v. Veenadevi Jalan (1997 ACJ 245). It has been held in that decision that spare parts are being purchased only to put the vehicle into a roadworthy condition and therefore no amount can be deducted towards depreciation. So after hearing the learned counsel I find there need not be any interference on the award passed except for the modification that the interest has to be reduced to 6% and further the insurance company shall be directed to pay Rs.6,000/- with 6% interest. Therefore, the award is modified as follows. The appellant herein is directed to deposit an amount of Rs.22,289/- with 6% interest from the date of petition till realisation and the insurance company is directed to deposit a sum of Rs.6,000/- with 6% interest from the date of petition till realisation. The deposit shall be done within a period of M.A.C.A. 1206 OF 2007 -:3:- 60 days from the date of receipt of a copy of the judgment. If the owner or the insurance company had deposited any amount that shall be given due credit to and only the balance if any need to be deposited. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-