IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 3333 of 2001(D)
1. KARUPPANTHODI JANAKI
... Petitioner
Vs
1. T.NARAYANI
... Respondent
For Petitioner :SRI.V.V.SURENDRAN
For Respondent :SRI.P.G.JEROME
The Hon'ble MR. Justice K.JOHN MATHEW (RETD.JUDGE)
Dated :16/07/2008
O R D E R
JUSTICE K.JOHN MATHEW
(RETD.JUDGE, HIGH COURT OF KERALA)
AND
BARRISTER SRI.M.P.RAMACHANDRAN NAIR
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
===========================
C.R.P.No.3333 of 2001
============================
Dated this the 16th day of July, 2008
AWARD
Petitioners and respondents have settled the matter in
O.S.No.536/1989 of the Munsiff Court, Kozhikode in which they
are parties. A compromise statement has been produced.
Accordingly parties have agreed that the properties involved in
the suit can be divided into metes and bounds. A plan prepared
by the qualified surveyor is attached along with the compromise
statement. Plots 1 and 3 in the plan along with the house therein
shall be jointly allotted to the share of defendants 13 to 19 who
are petitioners in CRP. Plot 2 will be jointly allotted to the
plaintiff, defendants 2 to 5, 7 and 8 who are respondents 1, 3, 5,
7, 8 and supplemental respondents 14 to 28 who are legal
representatives of the respondents 2 and 4, according to their
respective shares. Plot 4 will be allotted to the 20th defendant
who is the 13th respondent in CRP. Plot 5 will be jointly allotted
to defendants 9 to 12 who are respondents 9 to 12 and Plot 6 will
C.R.P.No.3333/2001
2
be allotted to the 6th defendant who is the 6th respondent in CRP.
Parties have also agreed that the house and the appurtenants
situated in the plaint schedule property, which has been
excluded in the preliminary decree will be exclusively given to
defendants 13 to 19. The other defendants or their legal
representatives namely, supplemental respondents 14 to 28, will
not have any right over the house and appurtenants thereto.
Parties will be given absolute possession of the respective
properties allotted to them as per the plan. Parties have
decided to give up their claim for mesne profit. The compromise
is recorded and the decree of the lower court will stand modified
accordingly and a fresh decree passed in accordance with this
compromise. The compromise statement as well as the plan will
form part of this award.
The civil revision petition is settled as above.
K.JOHN MATHEW
(RETD.JUDGE, HIGH COURT OF KERALA)
M.P.RAMACHANDRAN NAIR
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
dvs
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+MFA.No. 172 of 2000()
#1. M/S.UNITED INDIA INSURANCE CO. LTD.
... Petitioner
Vs
$1. M.S.SUNILKUMAR
... Respondent
! For Petitioner :SRI.R.S.KALKURA
^ For Respondent :SRI.V.J.JOHN
*Coram
The Hon'ble MR. Justice M.N.KRISHNAN
% Dated :10/07/2008
: O R D E R
M.N.KRISHNAN, J.
————————–
M.F.A. No. 172 OF 2000
———————
Dated this the 10th day of July, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1599/93. It
relates to a claim for compensation on account of the damages
sustained to the vehicle in a road accident. The Tribunal had
considered the said factum in para 10 of the award. The Tribunal
accepted Ext.A13 estimate as such and awarded a compensation of
Rs.98,435/-. It is very clear that Ext.A13 is only an estimate with
respect to the value of the spare parts and repairing charges.
Nothing is produced to show that in pursuance of the same spare
parts had been purchased and the vehicle had been repaired and
that amount has been spent. It is a matter that has to be proved and
it is not proper for any court to award damages on the mere estimate
or an estimate submitted. Therefore the award under challenge
suffers from serious infirmity and it is liable to be set aside. I do so.
The MFA is allowed and the award under challenge is set
aside and the case is remanded back to the Tribunal for fresh
MFA No.172/00 2
consideration after permitting all parties concerned to adduce
documentary as well as oral evidence in support of their respective
contentions. Since the claimant has not appeared before this court,
it is desirable that a notice is issued to the claimant from the Tribunal
before the matter is proceeded with at the expenses of the Insurance
Company.
Parties are directed to appear before the Tribunal on
21.8.08.
M.N.KRISHNAN, JUDGE
vps
MFA No.172/00 3