IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1612 of 2004() ---------------------------------- OPMV.273/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ----------------------- KRISHNAN, S/O.GOVINDAN, EDAVANAPARAMBIL HOUSE, KARUMATHRA P.O., THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.SREEKANTH.K.R RESPONDENT(S): RESPONDENTS ------------------------- 1. C.B.SATHAR, CHANELIPARAMBIL HOUSE, KARUMATHRA P.O., KADALAYI, THRISSUR DISTRICT. 2. THE MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, MANAPPAT BUILDING, KODUNGALLUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1612 OF 2004 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)273/99. The claimant, a 72 year old man sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.25,950/-. It is against that decision the claimant has come up in appeal for enhancement. 2. The main point argued before me is that he had expended a sum of Rs.10,508/- for medical expenses and Ext.A7 would reveal the same. In paragraph 8 of the award the Tribunal has also referred to this contention and also about the production of bill for Rs.10,508/-. The Tribunal only allowed Rs.5,000/- on the ground that the claim is only for Rs.5,000/- and therefore it cannot be granted. When applications are filed some times only approximate amounts are shown and further treatment is never taken into consideration and when the conscience of the Tribunal is M.A.C.A. NO. 1612 OF 2004 -:2:- satisfied that the claimant had expended really the amount which is claimed by the bills and it does not appear to be on the higher side I feel interest of justice requires to award said amount also towards medical expenses. On all other heads the amount awarded appears to be reasonable and does not call for any interference. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-