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Judgment
Pius C. Kuriakose, J.—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.
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.
Responding to a query put by us Sri. Pirappancode V.S. Sudheer, the Learned Counsel for the 1st respondent submitted that Doctors have assured the 1st respondent of 90% success in the prospective surgery.
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:-
1) The appellant/Company is directed to deposit the entire award amount of Rs. 8,25,000/- awarded under the impugned award towards future treatment before the Motor Accidents Claims Tribunal less Rs. 4,08,000/- already paid towards disability compensation within a period of two months from today. The 1st respondent will be entitled to receive the above amount to be deposited immediately. Within six weeks of receiving the amount, the surgery (cochlear implantation) shall be got done and the 1st respondent shall appear before the Motor Accidents Claims Tribunal after the period of convalescence with records pertaining to the surgery done and the Doctors report regarding the success achieved in the surgery. If the medical reports reveal that the surgery was completely successful and the audibility of the 1st respondent has been restored the appellant will not be liable to make further deposit. However if full success is not achieved, depending on the rate of success achieved in the surgery it will be open to the Motor Accidents Claims Tribunal to pass appropriate orders directing deposit of the balance amount of Rs. 4,08,000/- or portions thereof, before the Motor Accidents Claims Tribunal.
The appeal is allowed as above. No costs.