IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 511 of 2007()
1. K.B.SREERAM, AGED 34 YEARS,
... Petitioner
Vs
1. SRI. C.H.KRISHNAN RAJU,
... Respondent
2. SRI. B.K.REDDY,
3. M/S.UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.G.SHRIKUMAR
For Respondent :SRI.P.SANKARANKUTTY NAIR
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/03/2010
O R D E R
A.K.BASHEER & P.Q.BARKATH ALI, JJ.
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M.A.C.A.No.511 OF 2007
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Dated this the 18th day of March, 2010
J U D G M E N T
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Basheer, J.
This appe al is at the instance of the injured/claimant in a
motor accident. The claim for compensation made by him has
been substantially granted, barring the omission by the Tribunal
to award him the entire amount covered under Ext.A13 (series)
medical bills. Learned counsel submits that the appellant is
confining his challenge to the award, primarily to the above
extent.
2. It is on record that the right leg of the appellant had
to be amputated because of the injury sustained in the accident.
Ext.A10 certificate issued by the Medical Board assessed his
disability as 50%. The Tribunal, after considering the entire
materials available on record, awarded a total sum of
Rs.6,29,797.99/- which included an amount of Rs.2,91,547.99/-
towards medical bills/expenses. However, it is pointed out by
M.A.C.A.No.511/2007 2
the learned counsel that Ext.A13 (series) bills were, infact, for a
total sum of Rs.3,73,676/- even if certain inconsequential,
insignificant bills were to be ignored.
3. Learned counsel for the appellant and the Insurance
Company were therefore requested to take a look at those bills
which have been called for from the Tribunal. After perusal,
learned counsel submitted before us that there is infact a
shortfall of Rs.82,128/-. In other words, going by the bills, the
appellant would be entitled to get a total sum of Rs.3,73,676/-. It
appears that the shortfall had occurred because of some error in
computation.
4. We have also perused the medical bills. We are
satisfied that the above contention raised by the appellant is
justified in the facts and circumstances of the case. Therefore,
the award passed by the Tribunal under the head of Medical
Expenses has to be modified and corrected as Rs.3,73,676/-
instead of Rs.2,91,547.99/-.
M.A.C.A.No.511/2007 3
5. Though learned counsel for the appellant has made a
persuasive plea to enhance compensation under the other heads
also, we are not impressed with the contentions raised in this
regard. In our view, the compensation awarded under various
heads is just and reasonable. However, it is seen that the
Tribunal has awarded interest only @ 6%. Appellant shall be
entitled to get interest @ 7%.
The appeal is disposed of modifying the amount awarded
under the head of Medical Expenses. The appellant shall be
entitled to get a sum of Rs.3,73,676/- towards medical expenses
instead of Rs.2,91,547.99/- awarded by the Tribunal. In other
words, the appellant will be entitled to get an additional sum of
Rs. 82,128/- towards medical expenses. The said additional
compensation shall also be paid by the Insurance Company.
(A.K.BASHEER, JUDGE)
(P.Q.BARKATH ALI, JUDGE)
ps