Manoj vs Adarsh
2021 Latest Caselaw 23030 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                      MACA NO. 1657 OF 2016
 AGAINST THE AWARD IN OPMV 653/2013 OF MOTOR ACCIDENT CLAIMS
                       TRIBUNAL,THODUPUZHA
APPELLANT/PETITIONER:

            MANOJ
            S/O. BHASKARAN NAIR, AMBAZHATHINKUNNEL HOUSE,
            KALVARYMOUNT P.O., VAZHATHOPE,
            IDUKKI DISTRICT.
            BY ADV SRI.M.V.RAJENDRAN NAIR


RESPONDENTS/RESPONDENTS:

    1       ADARSH
            S/O. BABYCHAN, CHIRPPURATHU HOUSE,
            MUTHALAKKODAM KARA, MUTHALAKKODAM P.O.,
            THODUPUZHA TALUK, IDUKKI DISTRICT-685 605.
    2       BABYCHAN
            S/O. JAMES, CHIRPPURATHU HOUSE,
            MUTHALAKKODAM KARA, MUTHALAKKODAM P.O.,
            THODUPUZHA TALUK, IDUKKI DISTRICT-685 605.
    3       THE NEW INDIA ASSURANCE COM. LTD
            REP. BY ITS BRANCH MANAGER,
            THODUPUZHA P.O., IDUKKI DISTRICT,
            PIN-685 584.
            BY ADV. SMT.M.HEMALATHA

     THIS     MOTOR   ACCIDENT   CLAIMS     APPEAL   HAVING   BEEN
FINALLY HEARD ON 07.10.2021, THE COURT ON 23.11.2021
DELIVERED THE FOLLOWING:
 M.A.C.A. No.1657 of 2016
                                   2




                             T.R. RAVI, J.
              --------------------------------------------
                       M.A.C.A.No.1657 of 2016
               --------------------------------------------
              Dated this the 23rd day of November, 2021

                              JUDGMENT

On 4.11.2012, when the appellant was travelling in an

autorickshaw, a car driven in a rash and negligent manner crashed

against the autorickshaw causing serious injuries to the appellant.

Apart from the injuries suffered by him, the autorickshaw which

belonged to him also was damaged considerably. The appellant

preferred a claim petition seeking compensation for his personal

injuries and claim petition petition claiming compensation for the

damage to the vehicle. The Tribunal awarded a sum of

Rs.56,425/- towards compensation for damage to the vehicle.

Aggrieved by the amount awarded, the claimant has preferred this

appeal.

2. Heard.

3. The only contention raised by the claimant in this appeal

is that Ext.A2 series of bills would show that a sum of Rs.77,398/-

had to be incurred to set right the damages to the vehicle, and,

along with a bill for Rs.3,600/-, the Tribunal should have awarded

a sum of Rs.80,000/- towards damage to the vehicle. It can be M.A.C.A. No.1657 of 2016

seen from the award that the Tribunal has relied on Ext.A1 which is

the report of the Surveyor who had inspected the damage to the

vehicle. The Surveyor has considered the total amount at

Rs.77,398/- and arrived at the amount of Rs.41,425/- after

deducting salvage value and depreciation on the parts. I do not

find anything wrong in the method of calculation adopted by the

Surveyor in arriving at the amount.

There is no illegality in the amount awarded by the Tribunal

towards damage to the vehicle. As a matter of fact, the Tribunal

has added a sum of Rs.15,000/- towards loss of inconvenience

also. There are no grounds warranting interference. The appeal is

hence dismissed.

Sd/-

T.R. RAVI JUDGE

dsn