A.M. Shaffique, J.

1. This case has been referred for consideration by a Full Bench, as per reference order dated 20th August, 2015 on account of an apparent conflict between two Division Bench judgments of this Court in T.A. Kuriakose v. Ittoop and others (M.A.C.A. No. 693/2004) decided on 4/6/2008 and Abraham v. Johny (M.A.C.A. No. 990/2005) [2009 (4) KLT 679] decided on 4/11/2008.

2. The appeal is filed by a claimant in a motor vehicle accident alleging that his vehicle bearing Reg. No. KL-5/T-6379 sustained damages, in an accident which occurred on 23/8/2009. An assessment was made by a Surveyor, according to whom the damages were assessed at Rs. 5,62,511/-. However, he gave a report stating that after depreciation, the cost for repairs would come to Rs. 4,14,244.85 ps. Petitioner submitted a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the MV Act) claiming the said amount. The Tribunal by its award dated 30/11/2012 having found that the petitioner is entitled for compensation for damage to his vehicle, reduced 35% from the amount fixed by the Surveyor as spare parts charges. The contention urged by the petitioner/appellan