IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 MACA.No. 2985 of 2008() ----------------------- OPMV.1330/2004 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S): PETITIONER: ------------------------- M.N.PURUSHOTHAMAN, S/O. NARAYANAN, PADIYAKAL HOUSE, AYMANAM, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.SHUBHA ABRAHAM RESPONDENT(S): --------------- 1. PRAVEEN.K.BOSE, S/O.CHANDRA BOSE, VRINDHAVAN HOUSE, AYMANAM VILLAGE, KUDAYAMPADI BHAGOM, KOTTAYAM. 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KOTTAYAM BRANCH. ADV. SMT.M.LALITHA NAIR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 2985 OF 2008 ------------------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Kottayam in OP(MV) 1330 of 2004. The claimant a cashier in a Bank sustained injuries in a road accident. Para 10 of the report would reveal that he had contusion and abrasion over the knee and ankle a lacerated wound on the forehead, fracture of the tooth and one incisor. Unfortunately except the wound certificate, no document has been produced before the tribunal to substantiate the claim of the claimant. Still the tribunal had been very liberal. The tribunal granted Rs.2,500/- of loss of earnings, Rs.500/- as damage of clothing, Rs.750/- from transportation, Rs.1000/- for medical expenses and Rs.1,000/- bystanders and extra nourishments. It also granted Rs.2,500/- for loss of one tooth at an age of 59 and awarded a sum of Rs.10,000/- for pain and suffering and another 6,000/- loss of amenities. I feel even without documents the tribunal has been considerate in granting a just and reasonable compensation. Obviously the medical bills could not have M.A.C.A. NO. 2985 OF 2008 2 been produced before the tribunal for reason he would have been reimbursed by the bank. Therefore, the award is only just and proper and it does not call for any interference. The appeal lacks merits and it is dismissed. M.N.KRISHNAN,JUDGE. pm