IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 797 of 2004() ---------------------- OPMV.1165/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- M.ABDUL MANAF, AGED 17 YEARS, REP. BYMOTHER AND NEXT FRIEND M.RAMLA, AGED 36 YEARS, W/O.ABDULLA, MOOLAKKAL QUARTERS, P.O.PERINGATHUR. BY ADV. SRI.A.K.SRINIVASAN SRI.A.S.BENOY RESPONDENT(S): RESPONDENT NO. 1 AND 3. -------------------------------------- 1. T.ABDUL SUKOOR, S/O.AYISHA, THUNDIYILHOUSE, P.O.OLAVILAM, CHOCKLI. 2. UNITED INDIA INSURANCE COMPANY LTD., KANNUR. ADV. SRI.PMM.NAJEEB KHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C.K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 797 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant, who was only 11 years of age at the time of the accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. 2. On going through the award, we find appellant suffered extensive injuries and fracture on his left leg leading to 12% disability certified by the doctor. However, MACT treated this as not whole body disability. In the first place, we do not find any justification to reduce the percentage of disability because disability to the left leg which is one of the main organs in the body affecting mobility should be treated as disability to the whole body. Going by the injuries we do not think there is any exaggeration about the percentage of disability certified by the doctor. We therefore enhance the compensation for 2 disability from Rs. 9,000/- to Rs. 27,000/-. Counsel for the appellant submitted that medical bill submitted also was not reimbursed fully in as much as there was disallowance of Rs. 6,000/- on the ground that receipt is not stamped. We do not think on technical reasons medical bill could be disallowed. In this case the nature of injuries and the treatment undergone by the appellant would justify medical bills total of which is only Rs. 19,140/-. We therefore enhance the compensation under this head by Rs. 6,000/-. We grant Rs. 1000/- to by-standers expenses. No other modification is required in the compensation awarded under other heads. Total additional compensation of Rs. 25,000/- granted by us will carry interest at 7.5 per cent per annum from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3