IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 207 of 2005() ---------------------- OP(MV).1784/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: APPELLANT/PETITIONER: ----------------------------------- VELAYUDHAN, S/O. AYYAPPAN, MADAVANAPARAMBIL HOUSE, PATTERIPPURAM, ALUVA. BY ADV. SRI.K.S.AJAYAGHOSH RESPONDENT(S): RESPONDENTS: --------------------------------- 1. T.R. NARAYANADAS, P.N.P. BHAVAN, PEECHAMPILLY HOUSE, NEAR S.P. OFFICE, ALUVA. 2. UNITED INDIA INSURANCE COMPANY LTD., R.S. ROAD, ALUVA-683 101. ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. ----------------------------------------- M.A.C.A No. 207 of 2005 ----------------------------------------- Dated this the 16th day of October, 2008 JUDGMENT Ramachandran Nair .J, This appeal is filed for enhancement of compensation for the injuries sustained by the appellant . The counsel appearing for the Insurance Company submitted that the appellant was a pillion rider in a motor bike which was covered by only by an 'act only policy' and the Insurance Company has no liability . However we should not go into this question because the insurance company has not filed any appeal against the compensation awarded . The next question raised by the claimant is for enhancement of compensation. We have heard counsel for both parties and have gone through the award. Since the appellant is an employee of the K.S.R.T.C. and he continued to be so after sustaining the injury and recoupement, there is no scope for granting compensation for any disability. However having regard to the hospitalisation and the appellant's claim for reimbursement of medical bills paid and the leave encashment on account of the leave taken for treatment, we grant additional compensation of Rs. 15,000/- with a direction to the Insurance Company to deposit the same with 7 ½% interest per annum from the date of application till the date of deposit. This appeal is allowed tot he above extent. (C.N.RAMACHANDRAN NAIR,JUDGE) (HARUN-UL-RASHID, JUDGE) es. C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------- M.A.C.A. No. 207 of 2005 ---------------------------- JUDGMENT 16th October , 2008