IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1185 of 2007()
1. JOSE MATHEW, S/O. JOSEPH,
... Petitioner
Vs
1. S.KAJU MOHIDEEN,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.T.K.KOSHY
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/10/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO.1185 OF 2007
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Dated this the 11th day of October, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kottayam in OP(MV)No.1466/2002. The
claimant, an owner of a Maruthi car, moved an application
for damages sustained to the car on account of the accident
and the Tribunal has awarded a compensation of Rs.30,000/=.
It is against that decision, the appeal is preferred.
2. The Surveyor’s report was marked and the Surveyor
adopted two methods; one on repairs and the other on total
loss basis. As per the repair basis settlement, the trial court
held that after depreciation etc it would come to Rs.62,997/=
and on total loss basis, the Surveyor arrived at a figure of
Rs.46,000/=. For the said purpose, the Surveyor fixed market
value of the property on the date of accident at Rs.63,000/=,
deducted Rs.18,000/= as salvage value, added survey fee of
Rs.1,000/= and arrived at a figure of Rs.46,000/=. A perusal
of the report would reveal that substantial damages had
been caused to the vehicle especially being a Maruthi car
and when it is having an impact with a heavy vehicle like
bus, one can just envisage the damage. It is true that the
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M.A.C.A. NO.1185 OF 2007
methodology adopted by the Surveyor is not scientific. So
in order to really arrive at a scientific presumption, one has
to find out the value of the vehicle on the date of purchase,
then the yearly depreciation, then the salvage value and
then give the difference. But those factors are not available
in this case. But considering the nature of the damages
sustained, I am convinced that it is almost a total wreck
and therefore, I am inclined to grant Rs.10,000/= more as
compensation.
3. Therefore, the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.10,000/= with 6% interest on the said sum from the
date of petition till realisation and the respondent insurance
company is directed to deposit the said amount within a
period of 60 days from the date of receipt of a copy of this
judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A. NO.1185 OF 2007
M.N. KRISHNAN, J.
…………………………………….
A.S.NO.389 OF 2001
………………………………………
8th day of September, 2010.
J U D G M E N T