IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 287 of 2005() ---------------------- OPMV.1518/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT -------------------------- ANOOP, S/O.BABY, KOLATTUKUDY HOUSE, MANJAPRA, ANGAMALI. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS: ------------- 1. MANAGING PARTNER, M/S.HITECH PAPER CO., 1/503, B & C, KARUKUTTY-683 576. 2. SHIBU VARGHESE, S/O.VARGHESE, EDATTUKARAN HOUSE, KARUKUTTY KARA, KARUKUTTY. 3. THE NEW INDIA ASSURANCE CO.LTD., CHANDRIKA BUILDING, M.G.ROAD, KOCHI-682 011. R3 BY ADV. SRI.A.C.DEVY R1 AND R2 BY ADV. SMT.ROSE MICHAEL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 287 OF 2005 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation awarded for injury sustained by the appellant in a road accident. Appellant at the time of accident was a student undergoing degree course in physical education. In the accident he suffered fracture of leg which led to protracted treatment leading to expenses of Rs. 79,000/-. However, MACT allowed only Rs. 60,980/-. The first prayer is for enhancement of compensation to reimburse the balance cost of treatment which is around Rs. 19,000/-. Counsel for the insurance company submitted that expenses proved were allowed. However, it is seen that no compensation is awarded towards cost of medical treatment incurred by the appellant in Coimbatore. So far as claim for compensation for disability is concerned, it is conceded that appellant is employed in a school in the same faculty as a teacher. In any case, having regard to 2 the additional expenditure incurred by the appellant for treatment and the disability to which appellant is put, we increase the total compensation from Rs. 1,26,684/- to Rs. 1,50,000/-. The insurance company is directed to deposit additional compensation with interest at 7.5 per cent from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3