The High Court allowed the appeal in part, directing the insurance company to pay an additional ₹3,552/- for medical bills previously rejected by the Tribunal, along with interest at 8.5% per annum.
Additional compensation of ₹3,552/- with interest at 8.5% per annum from the date of petition till payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2014/12TH BHADRA, 1936
MACA.No. 1819 of 2013 ()
OPMV 64/2012 of ADDL.M.A.C.T., KOTTAYAM
APPELLANT/PETITIONER:
BALAKRISHNAN NAIR,
CHERUVIL HOUSE, KONGANDOOR KARA, AYARKUNNAM VILLAGE KOTTAYAM TALUK AND DISTRICT.
BY ADVS.SRI.A.K.HARIDAS
SRI.P.K.VINOD KUMAR
RESPONDENTS/RESPONDENTS:
R2 BY ADV. SMT.A.SREEKALA
R2 BY SRI.GEORGE CHERIAN (THIRUVALLA)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B. KEMAL PASHA, J.
M.A.C.A. No.1819 of 2013
Dated this the 3rd day of September, 2014
~ ~ ~ ~ ~ ~ ~ ~ ~
Dissatisfied with award dated 16.07.2013 passed
by the Motor Accidents Claims Tribunal, Kottayam in O.P. (MV) No.64/2012, the petitioner has come up in appeal.
M.A.C.A.1819/2013
: 2 :
granted a compensation of ₹15,000/- in which the said amount of ₹3,552/- covered by Ext.A6 series bills has not been included.
In the result, the appeal is allowed in part and an additional compensation of ₹3,552/- with interest at the rate of 8.5% per annum from the date of petition till date of
M.A.C.A.1819/2013
: 3 :
payment is granted to the appellant, over and above the amount fixed by the Tribunal in the impugned award. The 2nd respondent shall pay the amount to the appellant within two months from today.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/03/09
// True Copy //
PA to Judge
2 issues framed by the court
Whether the Tribunal erred in rejecting the medical bills produced by the appellant subsequent to the injury.
Whether the respondent insurer is liable to pay the additional medical expenses awarded.
BALAKRISHNAN NAIR
S.S.UNNIKRISHNAN
THE DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LTD
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
