IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 1059 of 2006() ----------------------- OPMV.140/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- K.S. RAJAN, S/O. SUKUMARAN, AGED 39 YEARS,KANIEETIL HOUSE,UDAYATHUMVATHIL ROAD PANANGAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.S. SANTHOSH, S/O. SUKUMARAN, KANIVEETIL HOUSE,UDAYATHUMVATHIL ROAD, PANANGAD P.O., ERNAKULAM DISTRICT. 2. E.P. MOHANAN, S/O. E.K. PARAMU, ELAMTHURUTHI HOUSE, WEST OF TEMPLE, PANANGAD P.O., ERNAKULAM DISTRICT. 3. NATIONAL INSURANCE CO. LTD., BY ITS REGL. MANAGER, REGL. OFFICE, MUTHOOT TOWERS, M.G. ROAD, COCHIN-35. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1059 OF 2006 -------------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. The bike in which appellant was a pillion rider capsized which led to injuries and claim for damages. MACT awarded total compensation of Rs. 32,158/- as against claim of over Rs. 3 lakhs. Injury is only fracture of left femur and claim is obviously exaggerated. Counsel for the appellant contended that even actual expenditure incurred for medical treatment is not allowed by MACT. We find force in this contention because appellant was in the hospital as inpatient for nearly three weeks and probably the amount of around Rs.12,000/- claimed by the appellant would have been spent by him. Standing counsel for the insurance company submitted that appellant was restored to normalcy and he has no permanent disability. However, considering the temporary 2 disability and additional claim for treatment expenses, we enhance the total compensation from Rs. 32,158/- to Rs. 50000/- with direction to the insurance company to deposit additional compensation with 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. (HARUN-UL-RASHID) Judge. kk 3