IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 793 of 2004(P) ------------------------------ OPMV.278/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT(S): /PETITIONER ---------------------------------- PEETHAMBARAN, S/O.RAVUNNI, KUNDINI HOUSE, MATTATHURKUNNU P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY RESPONDENT(S): RESPONDENTS ------------------------------------ 1. T.A.ANANDAKUMAR, S/O.T.S.ANANDARAJAN, THUNDATHIL HOUSE, CHERUTHONI P.O., IDUKKI. 2. RAJAN, S/O.MATHEW, THOTTIYAN HOUSE, KODALY, CHELAKATTUKARA P.O. 3. NATIONAL INSURANCE COMPANY, AJAY VIHAR, M.G.ROAD, KOCHI-16. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.793 OF 2004 ===================== Dated this the 2nd day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.278 of 1995. It relates to damages to the vehicle involved in the accident. The Tribunal has awarded a compensation of Rs.23,356/-. I find from the award that spare part bills are produced as Ext.A15. But the Tribunal has relied upon only on the Surveyor's report to arrive at a decision. The Surveyor's report only gives an idea of what is to be expended and the real expenses are proved by the bills produced in this case. So, I feel the matter requires reconsideration. The question of permitting depreciation, etc. are all matters which the Tribunal can reconsider in the light of the latest decision available on the point on the date of determination of the compensation afresh. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration after permitting both parties to adduce both oral and documentary evidence in support of their respective contentions and dispose of the matter in accordance with law. Parties are directed to MACA 793/2004 -:2:- appear before the Tribunal on 5.1.2009. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-