IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 MACA.No. 19 of 2003(B) ---------------------------------- OPMV.1066/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ------------------- K.V. LAKSHMI AMMA, W/O. KANNAN, KOVVAL HOUSE, KELOTH, PAYYANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: RESPONDENTS: ------------------------- 1. K.T. MOHANAN, NADUVILAPURAYIDATH HOUSE, P.O. KOZHUMMAL, VIA. KARIVELLUR. 2. KUNHIRAMAN, THEKKADAVAN, AGED 39 YEARS, S/O. KELAPPAN, ERAMAM AMSOM DESOM. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., TALIPARAMBA. 4. SUPPL: K.R. PADMANABHAN, POONIMA, NEAR SAI MANDIR, PAYYANNUR, P.O. PAYYANNUR. 5. UNITED INDIA INSURANCE CO.LTD., PAYYANNUR. BY ADV. SRI.ANCHAL C.VIJAYAN - R3 SRI.P.SANKARANKUTTY NAIR - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A. NO.19/2003 JUDGMENT When the case was called, there was no representation. The appeal is dismissed for default. 19.02.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. ------------------------------------------- M.A.C.A.No.19 of 2003 ------------------------------------------- Dated this the 25th day of March, 2008 JUDGMENT KOSHY, J. The original claimant in this case sustained serious injuries in a motor accident on 14.12.1993. He applied for compensation for Rs.4 lakhs. As a result of the accident, he sustained fracture of left femur and lacerated injuries on the face. After the filing, claimant committed suicide and his mother was impleaded as a party. According to the mother, he committed suicide only because he was lost memory power due to head injury caused in the accident. But the wound certificate shows that there is no head injury. According to the claimant, he was under psychiatric treatment after the accident. But the claim that he died due to the accidental injuries was rightly rejected by the Tribunal. However, we note that for reimbursement of the medical expenses, Tribunal rejected two receipts for Rs.2,000/- each because of the finding that they were settled in the final bill produced. We see no ground to change the finding. It is also noted that an amount of Rs.4,236/- and Rs.26,867/- were also rejected because these bills did not contain signature or seal or other information as to who issued it. He was MACA 19/2003 2 in the hospital for 215 days and Ext.A3 series discharge summary as well as Exts.A4 and A5 would show that he continued in the treatment for a long time and the bills were marked as Exts.A8 to A10 series. No serious objections were raised by the Insurance Company and there was no reason for rejecting the bills for Rs.31,234/-. There will be many expenses not covered by the bills during the long treatment. Therefore, we are of the opinion that Rs.32,000/- should be granted in addition to the compensation already awarded for medical treatment. As reimbursement of medical treatment we are of the opinion that no further compensation is payable for any of the ground. Additional amount of Rs.32,000/- should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit. Since the accident occurred in the year 1993 and the mother is also old and she has no other means, on deposit of the amount, the mother is allowed to withdraw the amount. The appeal is partly allowed as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE csl