C.V. KURUVILLA, AGED 69 YEARS, SON OF LATE K.K. VARKEY, CHUNDAKKAL HOUSE, XL/5024 HIGH COURT ROAD, COCHIN 682031 Vs. K.K. EAPPEN, S/O. ALEXANDER KURIAN, 30/1618, KALLARAKKAL, VYTTILA COCHIN 682019,

JUDGEMENT

(1.) THE appellant, the owner of a 1988 Model Maruthi 800 Car preferred a claim for Rs. 1,02,075/ - alleging that his car was damaged in a road traffic accident occurred on 6 -3 - 1997 as it collided with a tempo van coming from the opposite direction. The learned Tribunal finding negligence against the driver of the tempo van awarded an amount of Rs. 33,705/ - together with interest at the rate of 7.5% per annum. As the third respondent admitted the policy of the offending vehicle they were saddled with the liability of paying the compensation. In this appeal the appellant is challenging the adequacy of compensation awarded to him. We have heard the Learned Counsel for the appellant and the Learned Counsel for the third respondent Insurance Company. We have also perused the impugned award.

(2.) A surveyor had assessed the damage of the appellant's car and Ext.A2 is the surveyor's report. As per Ext.A2 the surveyor estimated the total cost towards spare parts as well as the labour charges at Rs. 50,727.74. Out of this, Rs. 38,802/ - is towards cost of spare parts and Rs. 11,195/ - is towards labour charges. Ext. A6 is relied on by the Learned Counsel for the appellant to show that the appellant had spent a sum of Rs. 68,646/ - towards cost of spare parts and Rs. 30,580/ - towards labour charges. The accident was in the year 1997. The vehicle was made in the year 1988. So considering the passage of time we are of the view that 50% has to be deducted from the cost of spare parts towards depreciation. That means the appellant will be getting a sum of Rs. 34,323/ - towards cost of spare parts. In addition to that the appellant is entitled to get the labour charges estimated by the surveyor which will come to Rs. 11,145/ -. We are not inclined to award amount of labour charges made mention of in Ext.A6 as we feel it does not reflect the actual amount spent by the appellant. Thus in total the appellant becomes entitled to get a sum of Rs. 46,248/ -. It is in evidence that a sum of Rs. 1475/ - was given to the surveyor as his fee. When that amount is added to the aforesaid amount the total compensation will come to Rs. 47,723/ -. As the learned Tribunal has awarded a sum of Rs. 33,705/ - the appellant is entitled to get the balance amount of Rs. 14,018/ - which will carry interest at the same rate specified in the award. We award the said amount to the appellant.