IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 MACA.No. 340 of 2009() ---------------------- OPMV.2868/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/CLAIMANT :- --------------------------------------- K.T.P.MUNEERA, D/O.HASSAN, AGED 30 YEARS, KALLYANA THOPPUPARAMBA, BAITHUL ABDULLA, PALAKULAM, KOLATHARA POST, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S)/RESPONDENTS :- ------------------------------------------------ 1. C.MOOSA, S/O.AHAMMEDKUTTY, CHEMBAN HOUSE, PERIYAMBALAM, PULIKKAL POST, MALAPPURAM. 2. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI, MALAPPURAM. ADV. SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt M.N.KRISHNAN, J. -------------------------- M.A.C.A. No.340 of 2009 --------------------------------- Dated this the 29th day of June 2010 J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) No.2868 of 2002. The claimant, a 24 year old lady sustained injuries in a road accident and Tribunal awarded a compensation of Rs.3,500/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the the insurance company. A perusal of the award was reveal that the injury sustained as per the copy of the wound certificate, there was complaints of headache and shoulder pain. The claimant was admitted in a hospital. In order to rule out possibility of any serious injury, she was recommended X-Ray and C.T.Scan besides that a whole body scan was also taken and fortunately for the lady, the results were normal and she did not have any problem. But in 2005-2006 she had undertaken some ayurvedic treatment M.A.C.A. No.340 of 2009 : 2 : and for that she had expended some amounts. The Tribunal rejected those bills and did not grant compensation for the same. The Tribunal should have taken into consideration the expenses incurred for the whole body scan and C.T.Scan etc. and should have slightly improved the compensation awarded. Therefore, considering all these facts, I am inclined to award an additional compensation of Rs.5,000/-. In the result, M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest from the date of petition till realization. The insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Jvt