IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 2119 of 2010() ----------------------- OPMV.1366/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/ PETITIONER ------------------------ T.J.PAUL, S/O. JOSEPH, AGED 49 YEARS, AGRICULTURIST, RESIDING AT THAZHATHU KUDIYIL HOUSE THIRUMENI, P.O.THIRUMENI, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT/ RESPONDENT NO.3 ------------------------------ THE NEW INDIA ASSURANCE CO. LTD., TAJ COMPLEX, OTTAPPALAM.P.O. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R SRI.P.JACOB MATHEW FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2119 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.1366/2005 on the file of Motor Accidents Claims Tribunal, Thalassery. In this appeal, he challenges the judgment and award of the Tribunal dated April 30, 2010 awarding a compensation of Rs.45,365/- for the loss caused to the claimant on account the damage caused to his jeep bearing Reg.No. KL-03/H 5503 in a motor accident that occurred on April 7, 2005 at 1.45 p.m. 2. The accident happened while the claimant was travelling in the jeep driven by the second respondent from Guruvayoor to Thirumeni and when he reached at Vattappara, it collided head on with a bus bearing Reg.No.KL-09/B 1006. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal under Section 166 of Motor Vehicles Act claiming compensation of Rs.1,50,000/- for the damage caused to his vehicle. MACA.No.2119/2010 2 3. Respondents 1 and 2, the owner and the driver of the offending bus remained absent before the Tribunal. The third respondent, the insurer of the offending bus filed a written statement admitting the policy. 4. Pws 1 and 2 were examined and Exts.A1 to A9 and Ext.X1 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 found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.45,365/- with interest @ 7.5% per annum from the date of petition till realisation and and proportionate cost. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 6. The accident is not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not challenged in this appeal. Therefore, the only MACA.No.2119/2010 3 question which arises for consideration is whether the claimant is entitled to any enhanced compensation. 7. The Tribunal awarded a total compensation of Rs.45,365/-. The break up of the compensation awarded is as under : Towing charges - Rs. 1500/- Spare parts charge - Rs.43,865/- 8. Counsel for the claimant sought enhancement of compensation on the ground that the Surveyor has assessed the damage at Rs.64,865/-. The vehicle suffered the following damages as seen from the report of the Surveyor : Damage to the chassis, bonnet, front half body, dynamo, battery, mudguard, grill, glass frame, steering, front leaf, steering rad, steering arm,steering pipe,wheel cover, water pump, radiator, glass, side mirror, head light, centre pipe, wiper, battery stand, hood, front bumber end, foot step,front wheel disk,fan leaf and front seat. 9. The Surveyor has assessed the damage after depreciation at Rs.47,365/-. It is seen from the award that no compensation was awarded for the labour charges. The claimant has claimed Rs. 16,000/- towards labour charges. Taking into consideration this aspect, we feel that an additional amount of Rs.7,500/- would be reasonable towards MACA.No.2119/2010 4 the labour charges incurred by the claimant. 10. In the result, the claimant is found entitled to an additional compensation of Rs. 7,500/- with interest @ 7.5% per annum from the date of petition till realisation and proportionate cost. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The appeal is disposed of as found above. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2119/2010 5