MATHEW K. V. Vs. PAUL VARGHESE

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in OP (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. 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 totalled 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/-.