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 13TH AUGUST 2008 / 22ND SRAVANA 1930 MFA.No. 432 of 2003() --------------------- OPMV.978/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER: ------------------------- P.K.FAISAL, S/O. ABDUL KHADER, KURUMPALLIYALI HOUSE, P.O. AKODE, VIA. VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.KRISHNAN RESPONDENT(S): RESPONDENTS: -------------------------- 1. GANGADHARAN, S/O. NADI, THALEKUNNUMMAL HOUSE, P.O. AKODE, VIA. VAZHAKKAD, MALAPPURAM DISTRICT, PIN-673 640. 2. K.T.SAINUDHEEN, S/O. BEERANKUTTY, KANNATH THATTARA PALLIYALI HOUSE, PAIKANNOOR, VALANCHERI, MALAPPURAM DISTRICT. 3. NATIONAL INSURANCE COMPANY LTD., CALICUT. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.SIBY MATHEW FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 SRI.P.JACOB MATHEW FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.F.A. No.432 of 2003 --------------------------------- Dated, this the 13th day of August, 2008 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned standing counsel appearing for the Insurance Company. 2. The prayer in the M.F.A. is for enhancement of compensation particularly for treatment and medical expenses. The total compensation given for treatment and medical expenses is only Rs.10,000/-. Learned counsel appearing for the appellant has produced bills from two hospitals which show that expenditure incurred is much more than what is awarded. An estimated amount of Rs.10,000/- was granted because appellant did not produce evidence in the form of bills and receipts from hospitals. Since we do not propose to remand the matter, we have gone through the bills and we find that an increase is called for, even though not to the extent claimed by the appellant. We, accordingly, award an additional compensation of Rs.10,000/- towards treatment cost, inaddition to what is already granted by the MACT. The Insurance Company is directed to deposit the amount with interest @ 7.5% M.F.A.No.432/2003 -2- from the date of application till date of payment. The M.F.A. is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg