IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 MACA.No. 1843 of 2005() ----------------------- OPMV.639/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.I.RAJU, S/O.LATE K.A.ISAC, KARIMALATH HOUSE, NOCHIPULLY POST, MUNDUR AMSOM, PALAKKAD. BY ADV. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENT(S): RESPONDENT ------------------------- 1. P.PEROYASWAMI, S/O.RAMASWAMY GOWDER, 73 NEED GRAJIPPAIR STREET, PONDICHERRY. 2. MUNISWAMY, S/O.CHINNASWAMY, 29 MUNIYAN STREET, ANTHUR, SALEM DISTRICT, TAMILNADU. 3. ORIENTAL INSURANCE CO LTD., 22/C SARADA STREET, SALEM, TAMILNADU. 4. UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, HOSPITAL JUNCTION, MAIN ROAD, MANNARKKAD. ADV. SRI.AGINOV MATHAPPAN FOR R4 SMT.K.SHERIN MOHAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1843 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2010 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.639/1999 on the file of Motor Accidents Claims Tribunal, Palakkad. He challenges the judgment and award of the Tribunal dated June 28, 2005 awarding a compensation of Rs. 57,540/- for the loss caused to him on account of the damage caused to his jeep bearing Reg.No.KL-9D/3739 in a motor accident. 2. The claimant was the registered owner of the jeep bearing Reg.No.KL-9D/3739. On October 3, 1997 at about 11 p.m., it collided head on with the lorry bearing Reg.No.PY-01-D/9288 driven by the second respondent at Nellayi on the Thrissur-Ernakulam National Highway. Extensive damage was caused to the jeep. Alleging negligence against the second respondent, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 1,10,390/-. 3. Respondents 1 and 2, the owner and the driver of the offending lorry remained absent before the Tribunal. The third respondent, the insurer of the offending lorry filed a written statement admitting the policy. The fourth respondent is the insurer of the jeep. MACA.No.1843/2005 2 4. The claimant was examined as PW1 and Exts.A1 to A7 were marked on the side of the claimant before the Tribunal. On the side of the contesting third respondent, Ext.B1 was marked. On an appreciation of evidence, the Tribunal found that the accident occurred due to the negligence of the second respondent and awarded a compensation of Rs.59,495/- with 6% interest from the date of petition till date of realisation. The claimant has now come up in appeal challenging the quantum of compensation awarded by the Tribunal. 5. Heard the counsel for the claimant and the counsel for the Insurance Company. 6. The accident was not disputed. The finding of the Tribunal that the accident occurred due to the negligence of the second respondent is not challenged in this appeal. Therefore, the only question which arises for consideration is whether the compensation awarded by the Tribunal is just and reasonable. 7. Towards cost of spare parts without depreciation, the Surveyor has assessed Rs. 76,720/- and towards spare parts with 50% depreciation, the Surveyor has assessed Rs. 4,955/- as seen from Ext.B1 report of the Surveyor. The Tribunal reduced the amount to Rs.57,540/- MACA.No.1843/2005 3 on the ground that the claimant has not replaced the spare parts, but only effected repairs on the jeep. But as the Surveyor has assessed the value of the spare parts with depreciation, we feel that the claimant is entitled to Rs.76,720/- assessed by the Surveyor. Further in Ext.B1, the Surveyor has reported that it is not possible to ascertain whether the petitioner paid Rs. 86,890/- towards cost of spare parts as shown in Ext.A4 bill. Therefore, accepting Ext.B1 report of the Surveyor, we hold that the claimant is entitled to a compensation of Rs.76,720/-. 8. In the result, the claimant is found entitled to a total compensation of Rs. 76,720/- with interest @ 6% per annum from the date of petition till realisation. The third respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment. The appeal is disposed of on the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv.