IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 MACA.No. 473 of 2004(C) ---------------------- OPMV.2697/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. GOPALAKRISHNAN, AGED 42 YEARS, SON OF LATE GOVINDANKUTTY MENON. 2. KRISHNAKUMAR, AGED 39 YEARS, SON OF LATE GOVINDANKUTTY MENON. BOTH APPELLANTS ARE RESIDING AT DEVI KRIPA HOUSE, KADAVANTHARA, COCHIN - 20. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. RESPONDENT(S): RESPONDENTS -------------------------- 1. C.J.CLEETUS, THUNDATHIL HOUSE, MOOLAMKUZHY.P.O., COCHIN 2. 2. E.N.SOMAN, EDAKKATTU PUTHENPURAYILHOUSE, KANJIRAMATTOM. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, COCHIN 16. ADV. SRI.A.P.SUBHASH FOR R1 & R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A . NO:473 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd Day of July, 2009. JUDGMENT K. M. Joseph J. This is an appeal filed against the award passed in M.V.O.P.2697/1998. This OP(MV) was tried along with many other petitions and it arose from an accident involving a Maruti Van, which was driven by the deceased, the sister of the appellants. The claim is for damages to the car. The Tribunal has awarded a total sum of Rs.30,000/- for the loss of the vehicle with interest from that date of petition. The claim of the appellant was for Rs.1,77,500/- The Tribunal noted that the vehicle was a second hand vehicle. The whole vehicle had became a heap of scrap as evident from photographs. Ext. A19 is the Survey Report. PW4 Surveyor assessed a loss of Rs.1,67,210.51. The cost of the spares came to Rs.1,57,210/-. The Tribunal found that no compensation M.A.C.A . NO:473 OF 2004 : 2 : can be awarded on the basis of Ext.A19, as no repairs were carried to the vehicle going by the evidence of PW2. PW2 also admitted that in the post-accident condition, the vehicle was sold for Rs.20,000/- The report indicated a pre-accident cost of the vehicle was Rs.1,20,000/- The vehicle was admittedly of a 1989 model. The price at which the vehicle was purchased by late Sri C. Govindankutty Menon, father of the deceased, was not in evidence. The court found that some guess work is necessary. The value of the Maruti Van in 1996 is also not in evidence. Thereafter the Tribunal fixed the cost of the Van at Rs.30,000/- The reasoning was that the vehicle would have cost Rs.1 lakh, at the time of manufacture and if 10% depreciation is provided for 7 years, the amount would be Rs.70,000/-. Thus deducting Rs.70,000/- from Rs.1 lakhs, the amount of Rs.30,000/- was arrived at. 2. We would think that the appellants are entitled to a further compensation. We think that the Tribunal was in error in M.A.C.A . NO:473 OF 2004 : 3 : fixing the cost of Maruti Van at Rs.1 lakh. We feel that the amount of Rs.30,000/- arrived at on the said basis is certainly inadequate. In view of the totality of facts, we feel that the interest of justice would be sub-served, if the appellant is allowed to recover Rs.20,000/- more. Accordingly this appeal is partly allowed and the appellants are allowed to realise a sum of Rs.20,000/- more alongwith 7.5% interest from the third respondent, from the date of petition till the date of realisation K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/