IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 90 of 2007()
1. CHERIYAN DAVID, S/O.DAVID,
... Petitioner
Vs
1. C.V.JOVY,
... Respondent
2. M.T.JINTO, S/O.THOMAS,
3. MANAGER, ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.A.R.GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/07/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.90 OF 2007
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Dated this the 14th day of July 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Irinjalakkuda in O.P.(MV)No.651 of 2001. It was an
application for awarding damages to the vehicle that had sustained
extensive damages. The Tribunal, on the basis of Ext.A11 which is a
surveyor’s report awarded Rs.5,600/- for actual labour charges and 50% of
the amount of Rs.11,810/- for spare parts. The Tribunal thereby awarded a
sum of Rs.13011/-. It is against that decision the claimant has come up in
appeal.
2. Learned counsel for the appellant would contend that the Tribunal
was not right in deducting depreciation. The Karnataka High Court in the
decision reported in M.R.Narahari Pandit v. Veenadevi Jalan and others
(1997 ACJ 245) held that it is not correct. When the vehicle in question
sustained damages in order to put the vehicle on a roadworthy condition it
requires repair by replacing new spare parts and the actual cost of the new
spare parts was to be given to the owner of the vehicle. Therefore
MACA 90/2007 -:2:-
deduction is not permissible.
3.A Division Bench of this Court in MACA No.693 of 2004 also
took the view that no deduction need be made. Therefore the question of
deducting 50% of the depreciation does not arise.
4. At the same time a mere surveyor’s report is not the substitute to
show that there had been purchase of spare parts worth Rs.11,810/- and
labour charges of Rs.5,600/- had been paid. It has to be supported by valid
documents. It is absent in this case. Therefore, the matter requires
reconsideration. Therefore the award under challenge is set aside and the
matter is remitted back to the Tribunal for fresh consideration and the
appellant herein is directed to produce documents to show that he had
actually purchased spare parts and had incurred labour charges. When it is
proved the Tribunal is directed to give compensation for that amount spent
without deducting any depreciation. Both sides are permitted to adduce
evidence both oral and documentary in support of their respective
contentions. Parties are directed to appear before the Tribunal on
26.8.2008.
M.N.KRISHNAN, JUDGE
Cdp/-
MACA 90/2007 -:3:-