Kerala High Court
T.A.Kuriakose vs Ittoop A.K on 4 June, 2008
Author: Koshy
Bench: J.B.Koshy, P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 693 of 2004()
1. T.A.KURIAKOSE, THELEKKAT HOUSE,
... Petitioner
Vs
1. ITTOOP A.K., S/O.KORATH, AREEKKAL
... Respondent
2. VARKEY MATHEW @ MATHEW, KARESATH HOUSE,
3. MANAGER, NEW INDIA ASSURANCE CO.,
For Petitioner :SRI.P.V.BABY
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/06/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
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M.A.C.A.No.693 of 2004
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Dated this the 4th day of June, 2008.
JUDGMENT
Koshy,J.
Due to the negligence of the driver of the vehicle insured by the third respondent - Insurance Company the vehicle owned by the appellant-petitioner was badly damaged and he claimed Rs.15,000/- as damages. The Tribunal awarded an amount of Rs.9,643/-. The only dispute is regarding the quantum of compensation.
2. According to the appellant, he spent Rs.15,491/- to repair the vehicle. The Tribunal considered the matter and held as follows:
"PW4 the surveyor has proved Ext.A26 survey report and Ext.A27 photographs. The surveyor stated that the labour charges was assessed to be Rs.2,000/- and value of spare parts was Rs.11,736/-. Total damages assessed was Rs.13,736/-. Depreciation was not calculated from the value of spare parts. The accident was happened in 1998. 40% depreciation has to be calculated and has to be deducted from the value of spare parts. Compensation is paid to restore the vehicle, to the pre accident condition."
MACA 693/04 -: 2 :-
3. The Tribunal was considering the case of a third party claim. The appellant's scooter was damaged. He had to repair the same. He had purchased spare parts for the same. There is no point in deducting depreciation for spare parts or the actual labour charges spent by him. He had to make his vehicle road worthy and in the previous condition. Therefore, the entire amount of Rs.13,736/- spent by him for purchasing the spare parts and the labour charges ought to have been granted by the Tribunal apart from Rs.1,000/- as Surveyor fee. What was awarded by the Tribunal is only Rs.9,643/-. The additional amount payable will be Rs.5,093/-. We round the same as Rs.5,000/-. The above amount of Rs.5,000/- should be deposited by the third respondent - Insurance Corporation with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same.
The appeal is partly allowed.
J.B.Koshy, Judge.
P.N.Ravindran, Judge.
ess 5/6