Allowed

Itty Avira Mani v. Sri Brainy C Varghese

Kerala HC2 Feb 2017MACA/1369/2011

Case brief

AI extract

What is this about?

In this motor accident appeal, the High Court of Kerala allowed the appellant's claim for compensation for damage to his Ambassador car caused by a tanker lorry. The Court reduced the claimed spare parts and labour charges to Rs. 5,000 and Rs. 15,000 respectively, awarding a total of Rs. 20,000 with 5% interest and costs.

What did the court decide?

Award of Rs. 20,000 as compensation for damages, with 5% interest from the date of petition till realization and costs of Rs. 1,000 to be paid by the insurance company within 30 days.

Itty Avira Mani Vs Sri Brainy C Varghese — Motor Accident Claims | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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THURSDAY, THE 2ND DAY OF FEBRUARY 2017/13TH MAGHA, 1938

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MACA.No. 1369 of 2011 ( )

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-------------------------AGAINST THE AWARD IN OPMV 403/2006 of M.A.C.T.,ERNAKULAM DATED 03-12-2010

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APPELLANT(S)/PETITIONERS IN O.P.(MV)403/2006 OF MACT, ERNAKULAM:

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ITTY AVIRA MANI, AGED 58, S/O. MANI NAGAM VELIL, ARPPOOOKKARA, KOTTAYAM-8.

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BY ADV. SRI.V.A.OMANAKUTTAN

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RESPONDENT(S)/RESPONDENTS IN O.P(MV)403/2006 OF MACT, EKM:

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1. SRI. BRAINY C.VARGHESE, SARAF GALLI, SHAHPUR, BELGUM DISTRICT, KARNATAKA, PIN-590003 AND NOW RESIDING AT 11/12A, KOKKATTU BUILDING, 1ST FLOOR, BROTHERS ROAD LINES,

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AMBALAMUGAL P.O., KOCHI.

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2. SRI. JOJO VARGHESE, AGED 26, S/O. VARGHESE P.R., PARAIYADAN HOUSE, POONNAMBIYOLI, KUTTICHIRA, CHALAKKUDI- 680 307.

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3. THE UNITED INDIA INSURANCE CO.LTD, TRIPUNITHURA, PIN - 682 301.

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R,R3 BY ADV. SRI.S.ARUN RAJ R BY SRI.JOHN JOSEPH VETTIKAD

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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acd

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M.A.C.A.NO.1369/2011

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MACA.No. 1369 of 2011

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Annexure-A1: copy of bills for the cost of spare parts. Annexure-A2: copy of bill for labour charge issued from G&S Auto charge. Annexure-A3: Photograph of the damaged car. Annexure-A4: copy of insurance policy of the car issued by National Insurance Company Ltd.

True copy

P A to Judge

P.D. RAJAN, J.

M.A.C.A.No.1369 of 2011

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Dated this the 2^nd day of February, 2017

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JUDGMENT

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This appeal has been preferred by the injured against the award in O.P.(MV)No.403/2006 of Motor Accidents Claims Tribunal, Ernakulam. The appellant's case is that he was the owner of ambassador car bearing registration No.KL-5G 347. On 21.6.2005 at about 2.15 p.m. the vehicle was parked on the

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southern side of the road at Ambalamughal, a tanker lorry bearing registration No.KA-22-C-8100 driven by the 2^nd respondent hit against the appellant's car and caused extensive damages to his ambassador car. Again the lorry hit another Mahindra jeep bearing registration No.KL-7/G-4226. The insurance company(3^rd respondent) admitted the insurance of the offending vehicle. The appellant did not adduce any oral

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M.A.C.A.No.378/2005 2

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evidence, but his documents were marked as Exts.A1 to A7.

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The learned tribunal dismissed the petition. Being aggrieved

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by that, he preferred this appeal.

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In a motor accident, the owner of the property is entitled to get just compensation for the damages to his property. As per Ext.A5 survey report, labour charge was assessed as 18,000/-and cost of spare parts as 8100/-.₹ ₹ Ext.A1 is the FIR and Ext.A2 is the scene mahazar and Ext.A3 is the charge against the driver of the lorry. Ext.A6 is the AMVI report. Ext.A7 is another survey report. The learned counsel appearing for the insurance company submitted that there is difference in the date of Annexure-A1 and A2 spare parts bills. Annexure-A1 is dated 10-12-2004 for 364/-₹ and Annexure-A2 is dated 23.2.2005 for 1300/-. The₹ learned counsel for the appellant submitted that the difference may due to scarcity of spare parts and no suppression of facts in claiming the compensation. The above details were ascertained by the authorised surveyor of

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M.A.C.A.No.378/2005

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the insurance company.

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considering the nature of damages, the appellant is entitled to get reasonable amount for damages caused to his property. Even though surveyor assessed the labour charge of 18,000/- and spare parts for 8100/-, I award₹ ₹ ₹15,000/- for labour charges and 5,000/- for spare parts.₹ Therefore, he is entitled to get a sum of 20,000/- as₹ compensation with 5% interest from the date of petition till realisation of the amount with cost of 1000/-. The 3₹ rd respondent insurance company is directed to pay 20,000/-₹ with 5% interest from the date of petition till realisation of the amount with cost of 1000/- within thirty days from₹ today. The appellant is not entitled to get any interest for the delay period of 47 days.

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M.A.C.A. is disposed of as above.

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P.D. RAJAN, JUDGE.

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acd

Itty Avira Mani v. Sri Brainy C Varghese

Case brief

What is this about?

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Itty Avira Mani v. Sri Brainy C Varghese

Case brief

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