IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 1298 of 2009(E) ----------------------- OPMV.193/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER -------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP.BY ITS ASST.EXECUTIVE ENGINEER, ELECTRICAL SUB DIVISION, VALANCHERY. BY ADV. SRI. ASOK M.CHERIYAN, SC, KSEB RESPONDENT(S): RESPONDENTS --------------------------------------- 1. SUNIL KUMAR, S/O. GOPALAKRISHNA PILLAI, CHARUVILA PUTHAN VEEDU, KARIPRA, THODUMANKAVU P.O. KOTTARAKARA, KOLLAM. 2. THE MANAGING PARTNER, M/S.SARATHY MOTORS PALLIMUKKU,KOLLAM. 3. NATIONAL INSURANCE CO.LTD. DIVISIONAL OFFICE,KOLLAM. ADV. SRI.S.SUNIL NARAYANAN FOR R2 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1298 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)193/04. The claimant, K.S.E.B. dissatisfied with the amount granted for repair of the transformer has come up in appeal. The main grievance is that the estimate of the department has not been accepted by the Tribunal and therefore it requires interference. It is true that a tortfeasor is liable to compensate the victim and it has its own limitations. The mere suggestion under so many heads like departmental charges etc. cannot be allowed unless it is positively proved why it is claimed. Now the department engineer himself as given the value of the spare parts at Rs.20,115/- and the labour charge as Rs.11,580/-. The Court has accepted both these and granted the amount to the K.S.E.B. I do not think there is any error committed by the Tribunal in awarding the compensation. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-