C. N. Ramachandran Nair, J.

1 The question raised in this appeal is whether the Motor Accidents Claims Tribunal, Irinjalakuda was justified in reducing depreciation for the spare parts of the car while granting compensation under third party claim.

2. We have heard counsel appearing for the appellant and senior standing counsel appearing for the Insurance Company.

3. Appellant's contessa car sustained major damage when another vehicle came and hit his car while it remained parked. In support of the claim for compensation for damage to the vehicle, appellant relied on the survey report and produced bills and receipts for repair and replacement. The claim was partly allowed by the Tribunal by granting Rs.39,000/-. Then main grievance of the appellant is that even though the Tribunal fixed Rs.65,000/- towards damages, it reduced 40% towards depreciation. The case of the appellant is that no depreciation can be deducted while granting compensation under third party claim. It was a 90 model car and the accident was in the year 1998 and depreciation at the rate of 5% was deducted per year while granting compensation. Senior standing counsel for the Insurance Company submitted that d