IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 MACA.No. 624 of 2010(F) ----------------------------- OPMV.162/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ----------------------------- JOSIYA, D/O JOLLY, (MINOR REP. BY HER GUARDIAN JOLLY, S/O ABRAHAM, THADATHIL HOUSE, UDUMBANNOOR P.O., THODUPUZHA. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): RESPONDENTS ------------------------------------- 1. DENNY JACOB, PORIYATHU, CHEENIKUZHY P.O., EDAMARUKU. 2. SMT. BRIJEETHA CHACKO, PORIYATHU HOUSE, CHEENIKUZHY P.O., EDAMARUKU. 3. UNITED INDIA INSURANCE CO. LTD., REP. BY BRANCH MANAGER, THODUPUZHA BRANCH, THODUPUZHA. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 624 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)162/01. The claimant, a 7 year old girl, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.19,900/-. It is against that decision the claimant has come up in appeal. 2. The material point that is argued before me is regarding the dis-allowance of the medical expenses. According to the claimant he had expended a sum of Rs.11,658/- whereas the Tribunal only granted a sum of Rs.153/- and so he is claiming an amount of Rs.11,805/-. It is not a statement prepared by the claimant that is produced in support of his contention. It is in M.A.C.A. 624 OF 2010 -:2:- the form of details of bills that the statement is prepared. It can be seen that the claimant was in the hospital from 29.9.00 to 10.10.00. Very clearly under each head the amount has been shown such as drugs purchased any sum paid other than drugs, inpatient bill etc. So it is a genuine bill and there is nothing to show that this amount has been paid by anybodyelse in the form of medical reimbursement or otherwise. Therefore I find correctness in the contention that the claimant is entitled to the disallowed amount of Rs.11,505/- which I round as Rs.11,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,500/- with 6% interest on the said sum from the date of petition, 27.2.01 till 22.5.04 and from 18.3.10 till realisation M.A.C.A. 624 OF 2010 -:3:- and the respondent, insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.