IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 213 of 2005() ---------------------------------- O.P.(MV.).NO.53/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA APPELLANT/PETITIONER: -------------------------------------- MANUEL, S/O. KURIAN, NEDUMARUTHUMCHALIL HOUSE, TELEPHONE EXCHANGE ROAD, THODUPUZHA. BY ADV. SRI.P.J.MATHEW SRI.ATHOMASJOHN AMBOOKEN RESPONDENTS/ RESPONDENTS 1 TO 3: --------------------------------------------------------- 1. MAHADEVAN, PULICKAL HOUSE, THODUPUZHA. 2. JAMAL T.A., S/O. ALIYAR, THOTIPARAMBIL HOUSE, THODUPUZHA. 3. ORIENTAL INSURANCE CO. LTD., THODUPUZHA. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 213 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)53/01. The claimant sustained injuries in a road accident in the form of fracture of 10th rib and multiple abrasions. It is true that he was treated as an outpatient. He was Secretary of a co- operative society. His salary per month was Rs.17,450/-. The tribunal did not accept it on the ground that deductions are not shown in the salary certificate. It may not be correct. At any rate, he would have been prevented from doing any work at least for 10 days for which I grant an amount of Rs.3,000/- towards loss of earnings for the reason that he could have availed leave at a later point of time. 2. It is true that the Tribunal has rejected Ayurvedic bills for Rs.8,400/-. For a rib fracture normally Ayurvedic treatment is not done but anyhow he may have done it along with for some other purpose. It can be taken note of and at M.A.C.A. 213 OF 2005 -:2:- least Rs.2,000/- can be granted under that head. The claimant has not been granted any compensation for loss of amenities and enjoyment in life which he would have sustained on account of the accident. Therefore I award him Rs.2,000/- under that head. Though bills were produced for repair of the bike at Rs.3,148/- and for repair charges of Rs.500/-, the Tribunal did not grant him that much amount holding that A.M.V.I. Report does not show the same but it awarded Rs.400/- which is grossly inadequate. At least Rs.1,000/- has to be granted. So the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-