IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 MACA.No. 1219 of 2004() ----------------------------------- OPMV.839/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANTS/PETITIONER ---------------------- ARAVINDAN, S/O. KUNHIRAMAN NAIR, RESIDING AT AREEKARAMALAYIL HOUSE, PANANGAD P.O., PANANGAD, NIRAMALLUR DESOM, BALUSSERY, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ----------------------- 1. P.V.POULOSE, S/O. P.O.VARKEY, PUTHENVEETTIL HOUSE, KANAYANNOOR, CHOTTANIKKARA, KANAYANNUR P.O., ERNAKULAM. 2. ATHIKKOTTUPARAMBATH VINOD, S/O.UNNARAKUTY, KUNNATHARA AMSOM, KANNOOR DESOM, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, OPP.NEW MUNICIPAL BUS STAND, THRIPUNITHURA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1219 OF 2004 ===================== Dated this the 3rd day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)No.839 of 1997. The claimant sustained injuries in a road accident dated 12.8.1997 as a result of which he had lost one tooth and some teeth became mobile and there was a deep laceration on the upper lip. It can be seen from the treatment records made available for perusal that he had attended the O.P. section of the Dental Department on 8 occasions and there was medicines prescribed and treatment done on all these occasions. Certainly he would not have been in a position to do the work for more than 2 months and therefore I enhance the compensation for loss of earning by Rs.1,000/- more. It can also be seen that on account of the mobility and extraction of teeth and injuries on the inner part and outer part of the mouth he would not have been in a position to take solid food and it would have been supplemented by rich nutrition foods in a liquid form. Therefore I enhance the compensation by Rs.1,000/- under the head extra nutrition. It is true that the Tribunal has awarded only MACA 1219/2004 -:2:- Rs.3,000/- towards loss of tooth. The Tribunal has not considered the question of temporary loss of amenities and enjoyment in life for a period of 2 to 3 months which would have caused him lot of handicaps. I therefore award Rs.3,000/- under that head whereby granting an additional compensation of Rs.5,000/-. Therefore M.A.C.A is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-