IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 85 of 2006() --------------------- OPMV.1432/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY . .................... APPELLANT: APPELLATE/PETITIONER ---------------------------------- K.C.MAMMI, S/O.UKKAS, M.V.HOUSE, MOTTAMMAL, KUTHUPARAMBA.P.O, THALASSERY TALUK. BY ADV. SRI.T.A.RAMADASAN RESPONDENT(S): --------------- 1. K.NISSAR, S/O.MOIDU, KARIYADAN HOUSE, KANNUKKARA, MADAPPALLY COLLEGE.P.O, VADAKARA, (OWNER OF AUTORICKSHAW). 2. T.RANJITH KUMAR, S/O.ANANDAN, THAIKKANDY HOUSE, VALLIYAYI, PATHAYAKUNNU.P.O, (DRIVER OF AUTO). 3. NEW INDIA ASSURANCE CO. LTD., VADAKARA. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No.85 of 2006 ----------------------------------------- Dated this the 10th day of November , 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The appellant's main case is that even though the hospital bill is not reimbursed, the standing counsel appearing for the Insurance Company stated that the M.A.C.T. has not convinced to the effect that the hospital bill represents the cost of treatment for the injuries sustained by the appellant. However, on going through the copy of hospital bill which is produced before us, we find that the appellant was admitted on 11.9.2000 i.e the date of accident, and the bill itself was dated 21.9.2000. It is evident from the hospital bill that the appellant had been treated as inpatient in the hospital for 11 days and undergone major surgical procedures . The M.A.C.T. did not accept the hospital bill due to non-examination of the Doctor to prove the treatment. Besides the above fact, in spite of production of several medical bills the M.A.C.T granted a meagre compensation towards cost of expenses incurred for treatment. However we find from the wound certificate that the appellant had sustained injuries of the type that warrants major surgical procedures. . Moreover we noticed the facts that M.A.C.A. No. 85 of 2006 -2- the hospital bill is issued by a co-operative hospital at Thalassery and the genuineness of which is not questioned by the Insurance Company before the M.A.C.T. In the circumstances we feel the appellant would be entitled to at least the reimbursement of the hospital bill amount i.e Rs. 27,295/- We limit the interest on the amount to only Rs. 2,705/- for rounding up the total amount to Rs.30,000/- towards reimbursement of hospital bill. The insurance company is directed to pay the said sum without any further interest within a period of three months from the date of production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A No. 85 of 2006 ---------------------------- JUDGMENT 10th November, 2008