Kerala High Court
K.V.Mathew vs Paul Varghese on 22 July, 2008
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1781 of 2006()
1. K.V.MATHEW, AGED 46 YEARS,
... Petitioner
Vs
1. PAUL VARGHESE, S/O.K.P.VARGHESE,
... Respondent
2. T.K.JIJO, S/O.KURIAKOSE,
3. THE NATIONAL INSURANCE COMPANY
4. THE NEW INDIA ASSURANCE COMPANY
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.T.M.CHANDRAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1781 OF 2006
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Dated this the 22nd 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, Ernakulam in O.P.(MV)2755/00. The claimant has been awarded a total compensation of Rs.26,830/-. Dissatisfied with the same the claimant has come up in appeal. The Tribunal estimated the value of the spare parts at Rs.36,660/-, deducted 50% and it also reduced the labour charges to Rs.7,500/-. In the decision reported in M.R. Narahari Pandit v. Veenadevi Jalan (1997 ACJ 245), the Karnataka High Court had taken the view following an earlier decision of the same Court to the effect that the question of depreciation would arise only when the vehicle becomes a scrap or suffers total loss for which the damages have to be determined. When it is granted, to meet the actual expenses incurred for the repairs and replacement, the question of depreciation will not arise. M.A.C.A. 1781 OF 2006 -:2:- It is also held that when the vehicle is repaired by replacing new spare parts, the actual cost of new spare parts had to be given to the owner of the vehicle. It has to be remembered it is to put back the vehicle into a roadworthy condition, the spare parts are changed. Therefore I am inclined to hold that the depreciation cannot be granted. A similar view has been taken by a Division Bench of this Court in MACA 693/04.
2. I had totaled the bills of purchase of spare parts. It comes to Rs.33,241/-. The estimate of the surveyor for labour charges is Rs.20,900/- whereas the document produced is much more than that. So at least Rs.20,900/- has to be given. Similarly, towing charges of Rs.900/- also has to be granted. Therefore the total damages would come to Rs.55,041/-.
In the result the MACA is partly allowed and a revised award is passed. The claimant is entitled for damages of Rs.55,041/- with 6% interest on the said sum from the date M.A.C.A. 1781 OF 2006 -:3:- of petition till realisation and the 3rd respondent, insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-