IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MFA.No. 190 of 2002() --------------------- OPMV.135/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT: APPELLANT/PETITIONER: -------------------------------- LALY CYRIAC, NJAVALLIL HOUSE, KIZHATHADIYOOR, PALA. BY ADV. SRI.SAIGI JACOB PALATTY SRI.SABU GEORGE RESPONDENTS: RESPONDENTS/RESPONDENTS: ------------------------------------- 1. GEEMON, NOORANMACKAL, MONIPPALLY. 2. K.P. THOMAS, KUREEKKATTIL, KIDANGOOR P.O. 3. NATIONAL INSURANCE CO.LTD., BRANCH NO.1, CHITTOOR ROAD, KOCHI. BY ADV. SRI.JOE KALLIATH FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.F.A. No.190 of 2002 .................................................................... Dated this the 16th day of June, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and counsel appearing for the Insurance Company. Appellant's grievance is that insptie of favourable findings, the MACT has not awarded any amount towards cost of spares of the car. It is seen from para 11 of the award that the Tribunal has accepted the Surveyor's report in regard to labour cost and cost of spare parts. Under the operative portion, only labour cost is granted to the appellant which is Rs.16,425/-. Since the Tribunal has accepted cost of spares in terms of the report of the Surveyor, we allow the appeal in part by granting 50% cost of spares after providing 50% towards depreciation. The appeal is allowed in part granting an additional compensation of Rs.20,383.50. Since appellant's car is 1973 model and having regard to the compensation awarded, appellant will be entitled to interest at the rate of 6% from date of petition till date of payment. There will be direction to the Insurance 2 Company to make payment within three months from the date of receipt of copy of this judgment. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms