IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MFA.No. 346 of 2003(B) --------------------------------- O.P(MV).NO.403/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR. .................... APPELLANT/ (PETITIONER IN O.P.(MV) 403/1996): ---------------------------------------------------------------------- T.K.SASI, AGED 52 YEARS, S/O. KESAVAN, KALAKKASSERY HOUSE, RESIDING AT THATTALAPARAMBU, EAST VELIYATHUNADU, U.C. COLLEGE POST, ALUVA. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI, ADV. SRI.GOPAKUMAR.G. RESPONDENTS/ RESPONDENTS IN O.P(MV) NO.403/1996): ----------------------------------------------------------------------------------- 1. ALIYAMMA MATHEW, KUZHIPPANATTIL HOUSE, MULANTHURUTHY POST, PIN-682 314. 2. GEORGE K.V., S/O. VARGHESE, KUNNATH HOUSE, POONITHURA, PIN-682 317. 3. NEW INDIA ASSURANCE CO.LTD., THE NEW MUNICIPAL BUS STAND, TRIPUNITHURA, PIN-682 301. ADV. SRI.K.K.M.SHERIF FOR R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MFA No.346 OF 2003 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)No.403 of 1996. The claimant is the owner of a boat which sustained heavy damages in an accident. It is the contention that it was a hit by a lorry. An amount of Rs.58,308/- is claimed as damages by the claimant. The Tribunal awarded only Rs.15,000/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. It is true that there is an estimate for Rs.58,308/-. But the definite case of the claimant is that he had purchased wood and repaired the body of the boat. It is only the actual price spent for the purchase of wood and the repairing expenses that has to be given including the purchase of other materials. Unfortunately the claimant has not examined anybody to prove these expenses. Merely on the basis of an estimate an award cannot be passed. The Tribunal in the absence of evidence had its own guess and had awarded a sum of Rs.15,000/-. If MFA 346/2003 -:2:- Exts.A8 and A9 can be proved when it withstands the cross examination, the Tribunal can have an idea of what is the amount spent for repairing the boat, so that it will facilitate the appellant to prove the same. Therefore I set aside the award and remit the matter to the Tribunal for fresh consideration with a direction to give an opportunity to both sides to produce both documentary and oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 1.12.2008. MFA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-