IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 450 of 2004(B) ----------------------- OPMV.235/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- REMYA RAJASEKHARAN @ REMYA, REVATHI SADAN,NEAR CHOORAKULANGARA TEMPLE, PADINJATTUM BHAGOM KARA,ATHIRAMPUZHA VILLAGE, ETTUMANOOR,REP.BY HER NEXT FRIEND AND GUARDIAN A.K.RAJASEKHARAN @ RAJASEKHARAN,REVATHI BHAVAN, -DO- -DO- BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS ------------------------ 1. K.V.THOMAS @ THOMAS, S/O.VARGHESE,KIZHATHANGAL HOUSE, KANJIRAMATOOM KARA,AMBALLUR VILLAGE, KANAYANNOOR TALUK. 2. RAGHAVAN,S/O.KUMARAN NAIR, KAVUMKAL HOUSE,KANJIRAMATTOM BHAGOM, KULAYATTU KARA,AMBALLOOR VILLAGE, KANAYANNUR TALUK. 3. UNITED INDIA INSURANCE COMPANY LIMITED, KOCHI,REP.BY ITS MANAGER. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 450 OF 2004 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the insurance company. The appeal is filed for enhancement of compensation mainly for the disability certified by the doctor at 10%. Counsel for the insurance company submitted that there is no disability and injury sustained was only temporary in nature. However, we find that the appellant who was only 11 years of age was in the hospital for six days as inpatient undergoing treatment. Appellant's case is that she has permanent discomfort to eyes and in one of the eyes there is decolouration. MACT has stated that appellant did not produce any medical bills to substantiate treatment expenses. We do not think this should be a ground for disallowing or limitingj compensation because treatment was in the Medical College Hospital where treatment is virtually free. Considering the nature of injury sustained by the 2 appellant who was adolscent girl we increase the compenstion from Rs. 32,000/- to Rs. 40,000/-. The insurance company is directed to deposit addl. compensation amount with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3