IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 232 of 2004() --------------------------------- OPMV.1380/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS ASST.MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/CLAIMANT: ------------------------------------- THE KERALA STATE ELECTRICITY BOARD, REP. BY THE ASST.EXECUTIVE ENGINEER, ELECTRICAL MAJOR SECTION, PALARIVATTOM. BY ADV. MR.K.S.ANIL, SC, KSEB, MR. ASOK M.CHERIYAN, SC, KSEB. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 232 of 2004 ORDER ON I.A. NO.613/2004 IN MACA NO.232/2004 DISMISSED 23/09/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 232 OF 2004 = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1380/96. The Kerala State Electricity Board is the claimant and it is their case that on 22.9.1995 a 150 KVA transformer installed on E.C./31 electricity post near Edappally Railway cross was damaged following a hit by the stage carriage bus KL-8E- 4525 on the electricity post. The contention of the Electricity Board was that the transformer is beyond repairs and therefore claimed a sum of Rs.1,11,600/- for the installation of the new transformer. The Tribunal after considering the materials held that there is no evidence to show that the transformer has been completely destroyed or damaged and they have not obtained any certificate from T.M.R. Pallom who are normally repairing the transformers. The Tribunal thereafter made a guess work and granted a damage of Rs.30,000/-. I have to agree with the learned counsel for M.A.C.A. 232 OF 2004 -:2:- the appellant that the discussion in the award does not reflect the application of mind in order to arrive at a proper figure regarding the damages. But it has to be borne in mind that if the transformer has gone beyond repairs the K.S.E.B. will be entitled to more compensation as well. Therefore I set aside the award passed by the Tribunal, remit the case back to the Tribunal with a direction to consider the matter afresh after permitting both the parties to produce documentary as well as oral evidence in support of their respective contentions and then fix the damages which the K.S.E.B. is entitled to get. Parties are directed to appear before the Tribunal on 17.11.2009. M.N. KRISHNAN, JUDGE. ul/-