IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 MACA.No. 1185 of 2007() ---------------------------------- OPMV.1466/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S):PETITIONER ------------------------------------------ JOSE MATHEW, S/O. JOSEPH, ELAMBASSERIL HOUSE, THOTHUVA BHAGOM, KALATHOOR KARA, KURAVILANGAD VILLAGE. BY ADV. SRI.T.K.KOSHY RESPONDENT(S): RESPONDENTS 2 AND 3 -------------------------------------------------------------- 1. S.KAJU MOHIDEEN, NEW NATHEN ROAD, MADURAI-625 002. 2. THE ORIENTAL INSURANCE CO. LTD., 216-A, NETHAJI ROAD, MADURAI-625 001. R2 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A. NO.1185 OF 2007 ............................................. Dated this the 11th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.1466/2002. The claimant, an owner of a Maruthi car, moved an application for damages sustained to the car on account of the accident and the Tribunal has awarded a compensation of Rs.30,000/=. It is against that decision, the appeal is preferred. 2. The Surveyor's report was marked and the Surveyor adopted two methods; one on repairs and the other on total loss basis. As per the repair basis settlement, the trial court held that after depreciation etc it would come to Rs.62,997/= and on total loss basis, the Surveyor arrived at a figure of Rs.46,000/=. For the said purpose, the Surveyor fixed market value of the property on the date of accident at Rs.63,000/=, deducted Rs.18,000/= as salvage value, added survey fee of Rs.1,000/= and arrived at a figure of Rs.46,000/=. A perusal of the report would reveal that substantial damages had been caused to the vehicle especially being a Maruthi car and when it is having an impact with a heavy vehicle like bus, one can just envisage the damage. It is true that the : 2 : M.A.C.A. NO.1185 OF 2007 methodology adopted by the Surveyor is not scientific. So in order to really arrive at a scientific presumption, one has to find out the value of the vehicle on the date of purchase, then the yearly depreciation, then the salvage value and then give the difference. But those factors are not available in this case. But considering the nature of the damages sustained, I am convinced that it is almost a total wreck and therefore, I am inclined to grant Rs.10,000/= more as compensation. 3. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 6% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A. NO.1185 OF 2007 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of September, 2010. J U D G M E N T