IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 MACA.No. 1728 of 2004() ----------------------------------- OPMV.1631/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------- KURIAKOSE V.A., KOTTATHIL HOUSE, AMAYANOOR P.O., AYARKUNNAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: RESPONDENTS 1 AND 2 IN O.P(MV): ------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 2. SOMANADHAN, S/O. NARAYANAN, KANIYAMPARAMBIL, PANAPILAVU, ERUMELY VILLAGE, KANJIRAPPALLY TALUK. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.1728 OF 2004 () ----------------------------------- Dated this the 12th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in a motor accident. Tribunal found that accident occurred due to the negligence of the 2nd respondent, driver of the vehicle and owned by the 1st respondent. However, only Rs.1,22,932/- was awarded as compensation. Contention of the appellant is that tribunal did not award compensation on a scientific basis. Along with the appeal, he produced additional evidence as Exts.A1 and A2 to show that he has undergone subsequent treatment also. Those documents were not produced before the tribunal. It is true that compensation need not be calculated on the basis of a multiplier method as there is no evidence to show that his earning capacity was reduced as he continued in employment and now retired. At the maximum, claimant can claim loss of future employment prospects after retirement, for that sufficient compensation was awarded. But M.A.C.A.1728/04 2 we note that according to the appellant, he need subsequent treatment after filing the claim petition and even after passing the award. In Nagappa v. Gurudayal Singh and others (AIR 2003 SC 674), Honourable Supreme Court held that claim for future medical expenses can be awarded and award need not be limited to the amount claimed and it is the duty of the tribunal to award just and reasonable compensation. He produced Exts.A1 and A2 series before this Court and that has to be proved before the tribunal as that was not produced before the tribunal. Therefore, we remand the matter to the tribunal only for considering the question whether for future treatment expenses, further more can be granted and genuineness of the bills has to be proved by the appellant. We remand the matter to consider this aspect only. Parties are directed to appear before the tribunal on 18.11.2008. Appeal allowed by way of remand. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008