IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 MACA.No. 1547 of 2005() ---------------------------------- OPMV.804/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPLICANT: ----------------------- G. GOPINATHAN, S/O. GOVINDAN, LEELA BHAVAN, KOLIYAKODE P.O., VENJARAMOODU, THIRUVANANTHAPURAM. BY ADVS.MR.V.AJAKUMAR MR.T.M.CHANDRAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. K. HARIPRASAD, S/O. KUTTAN PILLAI, PADMAVILASOM, MUDAKKAL P.O., ATTINGAL, THIRUVANANTHAPURAM. 2. INDUSEKHARAN NAIR, S/O.SURENDRAN NAIR, SREECHAKRAM, KANIYAPURAM P.O.,THIRUVANANTHAPURAM. 3. M/S. UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE NO.II, PALAYAM, THIRUVANANTHAPURAM. ADV. MR.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------------------------------------------ M.A.C.A. NO: 1547 OF 2005 ----------------------------------------------------------------------------------- Dated this the 23rd March, 2009. JUDGMENT RAMACHANDRAN NAIR, J. Heard counsel for the appellant and standing counsel for the insurance company. 2. Appeal is filed for enhancement of compensation for injuries sustained by the appellant in a road accident. The compensation granted for loss of earning is Rs.2,000/-. Similarly compensation granted for hospitalisation and for treatment is only Rs.5,000/-. According to the appellant the bill produced itself is above Rs.5,000/-. However, counsel for the insurance company submitted that appellant underwent treatment in Government hospitals and therefore, bills may not be high. In the first place we find that the compensation granted for loss of earning is very low because with two ribs broken and injury to the lungs appellant would have been disabled for employment at least for four months. Further on account of hospitalisation for a week and expenses for treatment will be much more that what is granted. We therefore grant an additional compensation of Rs.5,000/- towards medical MACA 1547/2005 2 treatment and Rs.10,000/- towards loss of earning. The additional compensation of Rs.15,000/- granted will carry 7 ½ % interest from the date of petition till date of payment. Appeal is partly allowed. C.N. RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: