IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 2896 of 2009() ----------------------------------- ( OPMV.731/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI) .................... PETITIONERS: --------------------- UMMER, 46 YEARS, S/O.MOIDEENKUTTY, KONDETH HOUSE, P.O.THRIURKAD, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ------------------------- 1. A.P.RAJAGOPALAN, S/O.RADHAKRISHNAN, P.O.RAMAPURAM, MALAPPURAM DISTRICT. 2. M.KUNHALI, S/O.MOHAMMED, MELETHIL HOUSE, KADUNGOOTH, P.O.KOOTTILANGADI, MALAPPURAM DISTRICT. 3. M/S.NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, P.O.MANJERI. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2896 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV) 731/02. At the out set, I may like to state that it is a very unsatisfactory way of disposing a case and a claim for damages sustained to a vehicle has been dismissed for non production of the surveyor's report whereas the party has produced Motor Vehicle Inspector's report, estimate, bills and R.C. Book particulars. I feel these materials would be sufficient for disposing of a case. 2. The learned counsel for the appellant had made available before me for perusal the Motor Vehicle Inspector's report. It has to be stated that the accident took place when a bus came on a very high speed hit on a jeep which resulted in the jeep hitting on the persons M.A.C.A. 2896 OF 2009 -:2:- standing on the road and the auto rickshaw resulting in damages to the vehicle. Column No.7 of the Motor Vehicle Inspector's report shows that the front wind shield left side of the auto rickshaw was dent, the front left side indicator broken, left side centre hood supporter bent, bottom left side dented, centre portion dented and damaged. These are all damages to the auto rickshaw which require real major repairs. In the absence of any concrete evidence I feel this is a fit case where a minimum amount can be awarded towards damages and considering the nature of damages and the year of the accident and the approximate labour charges I am inclined to grant a sum of Rs.10,000/- towards damages. But I make it clear that interest will not be provided for the period on account of the delay caused in filing the appeal. 3. Therefore the award passed by the Tribunal is set aside and the claimant is awarded a compensation of M.A.C.A. 2896 OF 2009 -:3:- Rs.10,000/- with 6% interest on the said sum from the date of petition till 1-3-06 and from 28-8-2009 till realisation and the respondent insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-