IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 MACA.No. 1228 of 2004(C) ------------------------ OPMV.850/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT IN M.V.O.P.: ----------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REP. BY THE AUTHORISED SIGNATORY, REGIONAL OFFICE, OOPO.NORTH RAILWAY STATION, KOCHI 18. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS/CLAIMANT & RESPONDENT 1, 2 & 4 IN M.V.O.P.: ---------------------- 1. AJU JOSEPH, S/O.JOSEPH THOMAS, PLOT NO.G.100, PANAMPILLY NAGAR, COCHIN 36. 2. T.A.ABDUL KARIM, THAVAKKAL HOUSE, CHINGAVANAM P.O. KOTTAYAM. 3. BIJU JAMES, S/O.JAMES, MAZHUVANCHERIL HOUSE, MAROOLLUUSSERY KARA, PERUMBAYIKKAD VILLAGE, KOTTAYAM DISTRICT. 4. UNITED INDIA INSURANCE COMPANY, M.T.P.C.OFFICE, VETTUKATTU BUILDINGS, M.G.ROAD, COCHIN. BY ADV. SRI.SREELAL N.WARRIER FOR R1 SMT.GIMMY GEORGE FOR R1 SRI.JOHNSON MANAYANI FOR R2 SMT.P.K.SANTHAMMA FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.NO.1228 OF 2004 (B) --------------------------------------- Dated this the 21st day of July, 2008 J U D G M E N T Koshy,J. The 1st respondent in this case filed an application before the Motor Accidents Claims Tribunal, Ernakulam, for compensation contending that his car was heavily damaged due to the negligence of the driver of the vehicle insured by the appellant Insurance company. Tribunal granted an amount of Rs.95,324/- against a claim of Rs.1,22,250/-. Insurance company filed this appeal contending that the amount awarded is too high. It is true that respondent being a third party, insurance company is liable to meet the actual costs and expenses for repairing the car to bring it back to its original position before the accident. But here the bills were not produced. Tribunal relied on mainly the Surveyor's report in assessing MACA.1228/04 2 compensation. According to the owner of the vehicle, who was examined as PW1, he has spent Rs.1,22,250/- for repairing of the car, and therefore, he is entitled to get the above amount. The above was inclusive of purchasing of parts. Contention of the Insurance company is that the Surveyor whose report was relied on was not examined and the bills regarding repairs were not produced. The learned counsel for the respondents submitted that all the bills are available and it was entrusted to the Advocate. But it was not seen filed but kept in the file. Bills were shows to us. In these circumstances, we are of the opinion that the matter has to be remanded. The actual expenses incurred for repairing the car and making the car in the original position has to be found out by the tribunal on the basis of evidence. It is for the claimants to produce evidence regarding the expenses incurred by it. In the above circumstances, we remand the matter to find out the compensation payable for repairing the damaged car. Both parties are allowed to adduce further evidence on these aspects. Out of the amount deposited, we allow the respondent to withdraw Rs.50,000/-. Parties may MACA.1228/04 3 appear before the tribunal on 1.9.2008. Matter should be disposed of by the tribunal as expeditiously as possible. Appeal is accordingly allowed by way of remand. J.B. KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp