IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 MACA.No. 213 of 2003() ---------------------- OPMV.853/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SHAHUL HAMEED, S/O. ABDULRAHIMAN HAJEE, ASSISTANT ENGINEER, MINOR IRRIGATION, RESIDING AT AVALA, BAYAR VILLAGE, VIA. UPPALA, KASARAGOD TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS: --------------------------- 1. RAVI NAIK, S/O. DEVEPPA NAIK, BENUBETTA HOUSE, KUDLU, KASARAGOD TALUK. 2. JAYARAMA, S/O. SANJEEVA RAO, M/S. DEVEE MOTORS, KASARAGOD. 3. THE MANAGER, ORIENTAL INSURANE CO.LTD., BRANACH OFFICE, KASARAGOD. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 213 OF 2003 -------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injury sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. We notice that payments made to doctors are rejected for the reason that cash receipts are only issued for such payments. We do not find any justification to disallow the claim for want of bills from doctors. Since hospital has not charged for the service of the doctors there is nothing wrong in the appellant directly making payment to the doctors. We therefore allow Rs. 25,000/- which represents payments made by the appellant to doctors for treatment. Even though standing counsel for the insurance company pointed out that appellant being a Government servant in the irrigation department does not suffer any loss in pay and allowances on account of the 2 accident, we feel injury has caused disability of a nature which will affect appellant for life. We therefore grant additional compensation of Rs. 25,000/- towards disability, loss of enjoyment in life, etc. Additional compensation of Rs. 50,000/- granted by us will carry interest at the rate of 7.5 per cent from the date of application till date of payment. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3