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. 168 of 2005() ---------------------- (AGAINST THE JUDGMENT DATED 30/04/2004 IN OPMV.1688/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ RAMESHKUMAR, S/O. PRABHAKARAN NAIR, PUTHENVEETTIL HOUSE, NANDIPULAM VILLAGE & POST, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. SUNIL, S/O. KRISHNAN, MECHIYAPALLATH HOUSE, MUPLIYAM P.O. 2. C.T.RAPPAI, S/O. THOMAS, CHALIPARAMBIL HOUSE, NANDIPULAM P.O. 3. MANAGER, NEW INDIA ASSURANCE CO. LTD., ROUND NORTH, THRISSUR-1. 4. N.A.FRANCIS, MAJALI HOUSE, PALLISSERY P.O., ARATTUPUZHA. BY ADV. SRI.VPK.PANICKER FOR R3 SRI.N.P.SAMUEL FOR R4 SRI.P.V.VINIL FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.168 of 2005 --------------------------------- Dated, this the 27th day of August, 2008 J U D G M E N T Ramachandran Nair, J. The appeal is for enhancement of compensation awarded for the injury sustained by the appellant. The accident occurred when the vehicle fell on the appellant while he was changing wheel of the truck. Learned counsel for the appellant contended that appellant was permanently disabled and is paralysed. The present claim is based on subsequent medical bills for treatments after the award of the MACT in April 2004. The bills produced in this Court show that the appellant has incurred a further sum of Rs.70,000/- towards medical expenses. Even though appellant sought for remand of the matter, learned standing counsel for the Insurance Company submitted that a remand will lead to standing claim for future treatment. He has also submitted that an amount of Rs.15,000/- was granted towards future cost of treatment. Considering the bills now produced before us, we allow the appeal by granting a further sum of Rs.50,000/- to the appellant. We also make it clear that the appellant will not be entitled to claim any further compensation MACA No.168/2005 -2- based on fresh medical bills. The Insurance Company is directed to deposit the above amount, but without interest, without any delay. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg