IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 521 of 2004(D) ----------------------------------- OPMV.NO.1556/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER IN O.P.(MV)NO.1556/98 --------------------------------------------------------------------- T.APPUKUTTAN, LAKSHMI BHAVAN, KURUMULLOOR.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.K.MURALEEDHARAN SMT.SUNU P.JOHN RESPONDENTS: RESPONDENTS IN OP(MV)NO.1556/98 ------------------------------------------------------------------------------ 1. K.S.KALIASELVAN, SREE SITHU NIVAS, ERUTHEMPATHY.P.O., KOZHINJAMPARA, PALAKKAD. * 2. BHASKARAN S/O.MADHAVAN, MUNDANATTIL HOUSE, ELAMTHURUTHY, MARATHAKKARA, OLLUR, TRICHUR. (* DELETED) 3. UNITED INDIA INSURANCE COMPANY LIMITED, PALAKKAD. 4. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM (AMENDED AS PER IN I.A.NO.4092/2000 DATED 7.6.2000) * THE NAME OF THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT, VIDE ORDER DATED 04/04/08 ON I.A.NO.832/08. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.521 OF 2004 ------------------------------------- Dated 7th August, 2008 JUDGMENT Koshy,J . This appeal is filed by the claimant in O.P.(M.V)No.1556/1998 on the file of the Motor Accidents Claims Tribunal, Thrissur, for enhancement of compensation. It is contended that even after filing of the application before the Tribunal, he was continuing treatment and in spite of the treatment, his vision in the left eye was completely lost. It is also submitted that subsequent complications arose due to the consequences of the accidental injury and he has also incurred heavy expenses even after passing of the award. The Hon'ble Supreme Court in Nagappa v. Gurudayal Sing and others (2002 AIR SCW 5348) held that future medical expenses also can be considered. However, whether the subsequent complications arose due to the accidental injuries has to be proved so as to get an opportunity to the insurance company to contest the matter. Copies of the medical certificates now produced have also to be proved. In the above circumstances, the matter is remanded to the Tribunal for considering the question whether any excess amount is payable to the claimant in view of the medical certificates now produced. Both parties are allowed to adduce further MACA.521/2004 2 evidence. Parties shall appear before the Tribunal on 13th October, 2008. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks