IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 756 of 2004() ---------------------- OPMV.1271/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/APPLICANT: ---------------------------------- HELINDAS, AGED 51, S/O. MANUAL, VADAKKE THAITHOTTAM, THOZHUKAL NEYYATTINKARA P.O., NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. P. CHELLADURAI, S/O. PONNU PILLAI CHERUVILAI VEEDU, KARUVILAI, NALOOR, MARTHANDAM P.O., KANYAKUMARI DISTRICT, TAMIL NADU. 2. SWAMIDAS, S/O. MUTHAYYAN, MADATHUVILA VEEDU, NEAR P.P.M. PETROL PUMP, MARTHANDAM P.O., KUZHITHURAI, KANYAKUMARI DISTRICT, TAMIL NADU. 3. THE MANAGER, NATIONAL INSURANCE CO.LTD., ANGU VILAS BUILDINGS, P.B.NO.112, NORTH CASR STREET, NAGARCOIL, TAMIL NADU. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C.K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 756 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the personal injury sustained by the appellant in a road accident and against disallowance of claim for damage caused to the vehicle. The jeep of the appellant collided against a lorry causing damage to the jeep and injury to the appellant, who was the sole passenger, besides the driver in the jeep. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. 2. Even though MACT declined to grant compensation for damage to the vehicle for want of Asst. Motor Vehicle Inspector's report, appellant has produced copy of AMVI's report together with survey report and photographs of the vehicle involved in the accident. In the normal course, we should remand the matter to the MACT for reconsideration of petitioner's claim for compensation for damage to 2 the vehicle. However, since materials are produced before us and since the accident took place more than 8 years back, we do not think the matter should be further delayed by remanding to the Tribunal. It is seen from the Surveyer's report that the total expenditure for replacement and repair is estimated at Rs. 54,000/-. Standing counsel for the insurance company opposed the claim because damage, according to counsel, will not justify such huge amount of compensation for the damage caused to the vehicle. It is seen from the AMVI's report produced that the jeep is a 1993 model one. It's tyres are seen worn out and though it has sustained damage essentially to the left side mud guard, part of the bumper, the shape of the vehicle is not seriously affected. The two photographs produced by the appellant do not tally with each other in as much as in the one photograph damage to the front is very serious, and in the other damage to the front is only partial. AMVI's report and the survey report also do not tally exactly with each other. The vehicle in any case is repaired and reconditioned and therefore there is no scope for ordering fresh enquiry about the condition of the vehicle immediately after the accident. Considering 3 the claims under various heads and the vehicle was 7 years' old as on the date of the accident, we grant a compensation of Rs. 20000/- which will carry interest at the rate of 7.5 per cent per annum from the date of application till date of payment. So far as compensation for personal injury is concerned, on going through the award we find that appellant has not suffered any permanent disability and the compensation awarded under various heads is reasonable. We therefore reject the claim for enhancement of compensation for personal injury. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 4