IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 315 of 2006(A) ----------------------- OPMV.1765/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S/PETITIONER: ----------------------------------- THANKA, W/O. NEELAKANDAN, ARODIVEETIL HOUSE, SANTHINAGAR, CHANGALLOOR, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): RESPONDENTS: --------------------------- 1. SHAJU K.V., S/O. VELUKUTTY, KAIDAVALAPPIL HOUSE, CHENGALLOOR P.O., THRISSUR DISTRICT. 2. SUDHAKARAN K.M., KOLLIKKARA HOUSE, P.O. CHANGALLOOR, THRISSUR DIST. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD., LITY HEIGHT BUILDING, CHALAKUDY. ADVS. SRI.RAJESH CHAKYAT FOR R1 & 2 SRI.VPK.PANICKER FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 315 OF 2006 --------------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in an accident. Appellant's case is that even though medical bills were produced for Rs.5,855/-, much more was spent in the hospital for protracted treatment including repeated surgeries. Counsel for the appellant has produced a photograph of the appellant which shows several surgery marks on the leg. The appellant claim a total compensation of Rs.1,00,000/- towards treatment. However, Standing Counsel for the Insurance Company opposed the claim stating that the appellant's claim should not be allowed without documentary evidence. Counsel further pointed out that injury is only to the left leg below the knee and no hospital can charge above Rs.1,00,000/- whatever be the surgeries done. Even though we find force in this contention, we feel some enhancement is called for because the total compensation awarded is M.A.C.A. NO. 315/2006 2 only Rs.56,755/-. Considering the possibility of additional expenses and 10% disability accepted by the Motor Accidents Claims Tribunal, Irinjalakuda, we grant an additional compensation of Rs.35,000/- which will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NO. 315/2006 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 315/2006 JUDGMENT 19th November, 2008 M.A.C.A. NO. 315/2006 4