IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 582 of 2003(D) ----------------------- OPMV.514/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- THOMAS ABRAHAM, KOORAMATTOM HOUSE, GANDHINAGAR P.O., ARPOOKARA, KOTTAYAM. BY ADV. SMT.M.MEENA JOHN RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. T.T.NARAYANAN, PALATHU HOUSE, PALA. 2. KANNAN, S/O. MANIANACHARY, VALIYAVEETTIL HOUSE, PUTHETTU BHAGOM, NATTASSERI KARA, PERUMPAIKKADU VILLAGE, KOTTAYAM DISTRICT. 3. DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAYAM. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL - R2 SRI.P.G.GANAPPAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A.NO. 582 OF 2003 = = = = = = = = = = = = = = = Dated this the 25th 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, Kottayam in OP(MV)514/96. The Tribunal awarded a compensation of Rs.5,000/-. It is against that decision the present appeal is preferred. Learned counsel for the appellant had produced additional documents also in support of his contentions which I had perused. Those documents are received. It can be seen that the claimant had sustained a sprain on the left wrist and was treated in the Medical College Hospital, Kottayam as an outpatient from 14.12.95 to 2.1.96. The document would show that he had a sprain. He was also under plaster for some time. Learned counsel has also produced some documents to show that he had undergone Ayurvedic treatment thereafter. But Ayurvedic bills cannot be accepted by this Court without evidence but it can be also taken into consideration while awarding the MACA 582 OF 2003 -2- compensation. Certainly on account of the sprain in the wrist and continuous treatment for some time he would not have been able to do any work for about six weeks to eight weeks. So, I enhance the compensation for loss of earnings by Rs.1,500/-. 2. Similarly, on account of the sprain on the wrist there would have been loss of amenities and enjoyment in life for the person especially in the back drop that he had undergone outpatient treatment for three weeks and thereafter also some Ayurvedic treatment, for that also I allow Rs.1,500/- thereby the claimant is entitled to an additional compensation of Rs.3,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- 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. MACA 582 OF 2003 -3- The additional compensation ordered to be deposited by the insurance company can be realised from the first respondent by the Company by execution of the award. M.N. KRISHNAN, JUDGE. ul/- MACA 582 OF 2003 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 582 OF 2003 = = = = = = = = = = = J U D G M E N T 25th June, 2008.