IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 MACA.No. 2244 of 2009() ----------------------- OPMV.373/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONERS: ----------------------------------------------- NIMMI TOM, W/O. TOM, THARAPPEL HOUSE, BHARANANGANAM KARA, BHARANANGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. MR.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. SAJI JOSEPH, S/O. JOSEPH, PLATHOTTATHIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE. 2. THE ICICI LOMBARD GIC LTD., REP. BY ITS BRANCH MANAGER, ROOM NO.14TH FLOOR, MUTHOOT CROWN PLAZA, TB ROAD, KOTTAYAM. R2 BY ADVS. MR.LAL GEORGE, MR.R.AJITH KUMAR (128/84). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2244 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)373/07. The Tribunal had dealt with the case in paragraph 10 of its award. The injury sustained by the claimant is a lacerated wound over the left parietal region of 4 x .5 cms. She was an inpatient in the hospital for two days. The Tribunal awarded medical expenses of Rs.3,400/- and consolidated other compensations at Rs.4,000/- making it a total of Rs.7,400/-. Now the claimant wanted to contend for the position that she had taken 68 days leave on account of the accident and therefore she is entitled to claim that amount. I am surprised to hear such an argument and contention in the back drop of the injury sustained by the party. There is absolutely no document to show any follow up treatment and even the averments in the memorandum of appeal itself M.A.C.A. 2244 OF 2009 -:2:- show that there had been a gap when this leave is taken. She must have availed leave and I am certain that it is not for the injury sustained in question. Injury purely of a superficial nature for which adequate compensation has been awarded. Therefore the appeal does not merit consideration and hence the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-