IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 1309 of 2006() ------------------------------------ OP.(MV) NO.340/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA. ...... APPELLANT/PETITIONER. ----------------------- JITTO JOHNSON, S/O. JOHNSON MATHEW, AGED 17, RESIDING AT ARPPATHANATH HOUSE, ARIKUZHA P.O., THODUPUZHA, MINOR, REPRESENTED BY HIS MOTHER AND LEGAL GUARDIAN BETSY, W/O. JOHNSON MATHEW, AGED 39, RESIDING AT ARPPATHANATH HOUSE, ARIKUZHA P.O., THODUPUZHA. BY ADV. SMT.ANNIE PAUL RESPONDENTS: RESPONDENTS. ------------------------- 1. JOHNSON MATHEW, S/O. MATHEW, ARPPATHANTH HOUSE, ARIKUZHA P.O., THODUPUZHA. 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO.LTD., THODUPUZHA. BY ADV. SRI.RAJAN P.KALIYATH - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1309 OF 2006 ===================== Dated this the 12th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.340 of 2002. The claimant sustained injuries in a road accident whereby there was a displaced fracture of tibia. The claimant was initially admitted in the hospital for 18 days and nailing was done. His plaster cast was removed on 11.3.2002. The main grievance of the learned counsel for the appellant is that though medical expenses incurred is Rs.21,404/- only an amount of Rs.15,000/- is given which requires interference. The Tribunal had only awarded Rs.15,000/- under the head medical expenses on the ground that the claim is only for that amount. In case of treatment when fracture is involved and it goes on, there is nothing wrong for the Tribunal to give the expenses, i.e. incurred, when it is supported by materials. Therefore I accept the contention of the learned counsel for the appellant and award a sum of Rs.6,400/- towards additional medical expenses. Similarly, learned counsel would contend that the appellant was in the hospital for about 18 days and further that he was in MACA 1309/2006 -:2:- plaster cast till 11.3.2002 and thereafter he had to visit the hospital on so many occasions, certainly he would have suffered excruciating pain, I award Rs.3,000/- more under that head. Therefore the claimant is entitled to an additional compensation of Rs.9,400/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,400/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-