IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 580 of 2003(D) ----------------------- OPMV.452/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/2ND RESPONDENT: ----------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, KOCHI REGIONAL OFFICE, T.P. CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER & 1ST RESPONDENT RESPECTIVELY: --------------------------------------------------------- 1. SUMESH V.C., S/O. CHANDRAN, KOMANYAL HOUSE, KALLARVATTAYAR POST, IDUKKI DIST. 2. J.K. JOHN JOSEPH, KATTIKKARAN HOUSE, MARKET ROAD, KOCHI-35. ADV. SRI.O.P.NANDAKUMAR FOR R1 SRI.V.A.AJAI KUMAR FOR R1 SRI.NELSON J.MANAYIL FOR R2 SRI.K.P.MADHU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, ALONG WITH MACA No.246/04, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. Nos. 580 OF 2003 AND 246 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August 2008 JUDGMENT RAMACHANDRAN NAIR,J These connected appeals arise from the same award passed by MACT granting a total compensation of Rs.2,16,900/- to the claimant who suffered serious injuries including head injury in an accident while he was traveling in a bike as pillion rider. While the appeal filed by the insurance company is for reduction of the compensation amount awarded, the appeal filed by the claimant is for enhancement. 2. We heard counsel appearing for both sides and we have gone through the award. The main objection raised by the insurance company is that the income fixed at Rs.3,000/- per month is very high because, according to the counsel, there is no proof of earning for the claimant. However, claimant's counsel submitted that claimant was running a SSI unit and he had produced certificate of registration of the industry as an SSI unit. Even though we are not convinced that certificate of registration of an industry is sufficient to prove the MACA No. 580/03 & 246/04 -:2:- business carried by the claimant or the income earned by him, we do not want to interfere with the amount fixed by MACT as Rs.3,000/- per month. Out of the total compensation of Rs.2,16,900/- awarded to the appellant, Rs.75,000/- represents reimbursement of medical bills. Regarding the submission made by the counsel for the claimant that high medical bill is attributable to the head surgery underwent by the injured claimant, we find that, Tribunal had granted adequate compensation under various grounds. We find no ground to increase or decrease the amount awarded. Consequently, both appeals are dismissed. There will be a direction to the MACT to release the amount representing reimbursement of medical expenses and reasonable amount presently required to meet the needs of the claimant, without any delay. C.N.RAMACHANDRAN NAIR, JUDGE V.K. MOHANAN, JUDGE MACA No. 580/03 & 246/04 -:3:- ttb