JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Insurance Company against the Decree and Judgment dated 5th day of May 2011, made in M.C.O.P.No.51 of 2010, on the file of Motor Accident Claims Tribunal / Chief Judicial Magistrate, Erode in respect of quantum.

2. The claim petition was filed on behalf of the owner of the Ambassador Car under Section 166 of the Motor Vehicles Act claiming damages to the tune of Rs.7,00,000/- for the damage suffered in the road accident.

3. The learned Tribunal, after hearing both sides arguments and upon consideration of oral and documentary evidences has passed an award in M.C.O.P.No.51 of 2010, an amount of Rs.3,35,471/- with interest at the rate of 8% per annum from the date of application till the date of deposit.

4. Since M.C.O.P.No.40 of 2010 and M.C.O.P.No.51 of 2010 were filed based on the same accident, common evidence was recorded in M.C.O.P.No.40 of 2010 and common judgment was passed.

5. The learned counsel appearing for the appellant would strenuously contend that date of the accident is 13.10.2006 but the claimant addressed to the Insurance Company only on 09.08.2008. The owner of the vehicle is under liability to inform the Insurance Company about the accident at the earliest. It is his further argument that had he sent the intimation soon after the accident, expenses would have been lesser than the amount mentioned in Ex.P22 [estimate for spares] and prayed for a change in the compensation.

6. Rather the learned counsel for the respondents / owner of the vehicle would vehemently argue that as his car was damaged due to the accident, based on the estimate for spares Ex.P22 and the oral evidence of P.W.6 namely loss assessor, the tribunal has taken into account of oral and documentary evidence as mentioned supra has granted a sum of Rs.3,35,471/- with interest at the rate of 8% per annum from the date of petition till the date of deposit, which is a well reasoned order and needs no interference.

7. It is the evidence of P.W.5 Mr.Rajendra Kumar Kannodia that to Truch bearing Registration No.TN 21 Q 5421 hit on car and it got heavily damaged. He would further state that his damaged car was seen thoroughly and estimate for damages to the tune of Rs.5,99,206/- was given, to repair the car (Ex.P22). It is his evidence that as the car is completely damaged and it cannot be effectively repaired and used. Thereafter, he applied to the Insurance Company to pay the purchase money of the car by sending notice Ex.P24 dated 09.06.2008. The Insurance Company has sent a reply notice on 30.06.2008 through Ex.P25 claiming that the vehicle was not shifted to the repairer's place and the owner should have shifted the vehicle immediately to the dealer's work shop. Ex.P27 which is the Insurance surveyors report along with the photos enclosed reveals the fact that the car was completely damaged and not in a usable condition. The Insurance Surveyor has listed the accident damages which are extracted hereunder:

Front bumper assembly was pressed, bent.

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Front Radiator shield was pressed /

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smashed.

Front grills were pressed, smashed.

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Bonnet panels, Locks, hinges, its accessories ●

were pressed and smashed.

Front both fender panels were pressed, bent, ●

buckled, and smashed.

Front both fender apron assemblies were ●

pressed, bent.

Front Number plate was pressed, bent, ●

twisted.

Chassis assembly was pressed, crushed and ●

smashed.

Top roof panel assembly was smashed along ●

with the inner upholstery.

Body all doors shell were pressed bent, ●

buckled and smashed. Door weather strips were pressed / cut. Door glasses were broken and glass regulators motors were pressed damaged.

Rear both quarter panels pressed bent, ●

misaligned.

8. In Ex.P27 the details of labour charges / spare parts to be replaced have been in detail given and the approximate recommended repair liability is Rs.3,34,471/-. Ex.P29 namely Inspection Report of Motor Vehicles involved in accident, the Motor Vehicle Inspector has given the details of damag