THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD., IIND FLOOR, SWEDESHABHIMANI COMPLEX NEARS BUS STAND NEYYATTINKARA Vs. V. CATHERINE JOHN, W/O. JOHN, POZHIYOOR KALLAMPOTTA PURAYIDOM, POZHIYOOR DESOM POZHIYOOR.P.O. PIN-695513,

JUDGEMENT

(1.) UNDER challenge in this appeal preferred by the Insurance Company is the award of Rs. 8,25,000/ - by the Motor Accidents Claims Tribunal to the 1st respondent/claimant towards future treatment. The one ground which is seriously raised in the memorandum of appeal is that the Motor Accidents Claims Tribunal having accepted the assessment of cent percent permanent hearing disability and having awarded disability compensation of Rs. 4,08,000/ - on that basis is not justified in awarding Rs. 8,25,000/ - towards future treatment i.e. for the conduct of cochlear implant surgery which is expected to restore the audibility of the 1st respondent in full.

(2.) THE argument which was addressed before us by Sri. Ziyad Rahman was that if the operation is successful the payment of Rs. 8,25,000/ - towards future treatment expenses and the sum of Rs. 4,08,000/ - towards permanent hearing disability will amount to duplication.

(3.) WE notice merit in the submission of Sri. Ziyad Rahman that awarding disability compensation on the basis that the 1st respondent suffered cent percent permanent hearing disability and allowing her Rs. 8,25,000/ - for the conduct of a surgery which will restore her audibility in full will amount to double payment. Under the above circumstances, we are inclined to grant relief to the appellant Company to a certain extent. We therefore dispose of the appeal in the following terms: -