IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 MACA.No. 1210 of 2005(B) ----------------------- OPMV.898/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) NO.898/2000 -------------------------------------------------------- BIBI P.D. @ BIBIN DIVAKARAN, S/O.DIVAKARAN, PALAMPARAMBIL, MARYKULAM, THONITHOTTY KARA, AYYAPPANCOVIL VILLAGE, UDUMBENCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.M.V.SABU RESPONDENT(S): RESPONDENTS IN OP(MV) NO.898/2000 ------------------------------------------------ 1. K.A.THOMAS, KANIYACHIRAYIL HOUSE, KATTAPPANA P.O., VALLAKKADAVU, IDUKKI. 2. SIBI SEBASTIAN, THEKKEL HOUSE, THANKAMANY P.O. 3. THE ORIENTAL INSURANCE CO LTD., KANJIRAAPPALLY. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.C.K.PAVITHRAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29 /06 /2009, THE COURT ON 29/06/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1210 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th Day of June, 2009. JUDGMENT K. M. Joseph J. The appellant is the petitioner in a petition filed under Section 166 of Motor Vehicles Act. Aggrieved by the quantum of compensation awarded, the appellant filed this appeal. 2. Heard the learned counsel for the appellant and learned counsel appearing on behalf of respondent, Insurance Company. 3. The only issue raised before us by the learned counsel for the appellant is with regard to the deduction of quantum of medical bills. The Tribunal, after considering the medical bills, which were marked as Ext.A13 series, for an amount of Rs.40,843/- towards treatment expenses, awarded only Rs.22,923/- towards treatment expenses. According to the learned counsel for the appellant, the amount of medical bills come to Rs.40,843/- The M.A.C.A. NO: 1210 OF 2005 : 2 : Records were called the records for. Learned counsel for the Insurance Company after verification of the medical bills would submit that there is short fall in an amount of Rs.10,594/-.This means that the appellant is entitled to a sum of Rs.10,594/- (rounded off to Rs.11,000/-) more under the head, treatment expenses. Accordingly this appeal is allowed in part. The appellant is allowed to realise a sum of Rs.11,000/- along with 7.5% interest from the third respondent from the date of petition till the date of realisation. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/