IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1696 of 2005()
1. GEEVA GEORGE, S/O. K.D. GEORGE,
... Petitioner
Vs
1. SUNIL VARGHESE,
... Respondent
2. THE ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SMT.LATHA PRABHAKARAN
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1696 OF 2005
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Dated this the 24th day of July, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thrissur in O.P.(MV)369/00. It
relates to claim for damages sustained to a vehicle in a road
accident. It was a Maruthi van which belonged to the
claimant. The Tribunal has found that there is a work
estimate of Rs.31,700/- under Ext.A12 and there is Ext.A13
quotation for Rs.35,215/-. The Tribunal ultimately says that
it is awarding a compensation of Rs.20,000/-. There is no
basis for such a decision. Even otherwise it has to be stated
that a mere surveyor’s report or estimate shall not be the
basis for fixing the quantum unless there is evidence to show
what is the amount expended for repairing the vehicle and
for purchasing the spare parts. So the claimant is directed to
adduce evidence to show the real expenses incurred by him
for effecting the repairs of the vehicle. It is also to be stated
that depreciation need not be deducted unless the vehicle is
M.A.C.A. 1696 OF 2005
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sold for scrap value which has rendered the vehicle useless
on account of the accident. Spare parts are being purchased
to put the vehicle back into a roadworthy condition for which
spare parts has to be purchased. It is laid down in the
decision reported in M.R. Narahari Pandit v. Veenadevi
Jalan (1997 ACJ 245) and the Division Bench of this Court
in the decision reported in MACA 693/04 had taken the same
view. So I direct the Tribunal at the stage of disposal of the
matter not to deduct any value for depreciation. The
claimant will be entitled to get compensation for the
purchase of the spare parts, labour charges, towing charges
etc. and that can be determined by the Tribunal in
accordance with law. Therefore the award under challenge is
set aside and the matter is remitted back to the Tribunal for
consideration of the above point after permitting both sides
to adduce both documentary as well as oral evidence in
support of their respective contentions. Parties are directed
to appear before the Tribunal on 1.9.08.
M.N. KRISHNAN, JUDGE.
ul/-