IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 511 of 2007() ---------------------- OPMV.151/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ----------------- K.B.SREERAM, AGED 34 YEARS, S/O. SRI. BALASUBRAMANIAM, NORTH VILLAGE, MELARCODE POST, ALATHUR TALUK, PALAKKAD DISTRICT-678 703. BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR RESPONDENTS/ RESPONDENTS --------------------------- 1. SRI. C.H.KRISHNAM RAJU, C/O. M/S. C.H.S.G. KRISHNAM RAJU & CO., H.NO.8/3/898/20, PLOT NO.39/40, NAGARJUNA NAGAR AMEERPET, HYDERABAD-500873. (OWNER OF THE LORRY NO.KA-02/A-754). 2. SRI. B.K.REDDY, C/O. M/S. C.H.S.G.KRISHNAN RAJU & CO., H.NO.8/3/898/20, PLOT NO.39/40, NAGARJUNA NAGAR AMEERPET, HYDERABAD-500 873. (DRIVER OF THE LORRY NO.KA-02/A-754). 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., RAJ BHAVAN ROAD, HYDERABAD-500 004. (POLICY NO.050503/31/21/4577/95 VALID UPTO 15.10.1996). ADV. SRI.P.SANKARANKUTTY NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ---------------------------------- M.A.C.A.No.511 OF 2007 ----------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T ~~~~~~~~~~~ Basheer, J. This appe al is at the instance of the injured/claimant in a motor accident. The claim for compensation made by him has been substantially granted, barring the omission by the Tribunal to award him the entire amount covered under Ext.A13 (series) medical bills. Learned counsel submits that the appellant is confining his challenge to the award, primarily to the above extent. 2. It is on record that the right leg of the appellant had to be amputated because of the injury sustained in the accident. Ext.A10 certificate issued by the Medical Board assessed his disability as 50%. The Tribunal, after considering the entire materials available on record, awarded a total sum of Rs.6,29,797.99/- which included an amount of Rs.2,91,547.99/- towards medical bills/expenses. However, it is pointed out by M.A.C.A.No.511/2007 2 the learned counsel that Ext.A13 (series) bills were, infact, for a total sum of Rs.3,73,676/- even if certain inconsequential, insignificant bills were to be ignored. 3. Learned counsel for the appellant and the Insurance Company were therefore requested to take a look at those bills which have been called for from the Tribunal. After perusal, learned counsel submitted before us that there is infact a shortfall of Rs.82,128/-. In other words, going by the bills, the appellant would be entitled to get a total sum of Rs.3,73,676/-. It appears that the shortfall had occurred because of some error in computation. 4. We have also perused the medical bills. We are satisfied that the above contention raised by the appellant is justified in the facts and circumstances of the case. Therefore, the award passed by the Tribunal under the head of Medical Expenses has to be modified and corrected as Rs.3,73,676/- instead of Rs.2,91,547.99/-. M.A.C.A.No.511/2007 3 5. Though learned counsel for the appellant has made a persuasive plea to enhance compensation under the other heads also, we are not impressed with the contentions raised in this regard. In our view, the compensation awarded under various heads is just and reasonable. However, it is seen that the Tribunal has awarded interest only @ 6%. Appellant shall be entitled to get interest @ 7%. The appeal is disposed of modifying the amount awarded under the head of Medical Expenses. The appellant shall be entitled to get a sum of Rs.3,73,676/- towards medical expenses instead of Rs.2,91,547.99/- awarded by the Tribunal. In other words, the appellant will be entitled to get an additional sum of Rs. 82,128/- towards medical expenses. The said additional compensation shall also be paid by the Insurance Company. (A.K.BASHEER, JUDGE) (P.Q.BARKATH ALI, JUDGE) ps