IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 MACA.No. 251 of 2009() ---------------------- OPMV.910/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT: ------------------------------------------ FAISALABI, W/O.RAHOOF, AGED 29, NADUVANCHALIL HOUSE, KUNNAMANGALAM P.O. KOZHIKKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. V.AFSAL, S/O.ABOOBACKER, AGED NOT KNOWN, VALLASSERY THAZHAM, P.O. FEROKE COLLEGE, RAMANATTUKARA, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV.MR.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.251 OF 2009 ===================== Dated this the 4th day of February 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.910 of 2003. The claimant, a 24 year old lady sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.8061/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. Learned counsel for the appellant had made available before me the documents for perusal. The wound certificate itself would reveal that she had sustained Class II fracture of incisor and mobility of another incisor. The documents received from the Dental Department would confirm the same and it is stated that on account of this fracture and mobility, there had been dis-colouration of the tooth and difficulty for her. Fortunately, there was no fracture on any facial bone. Her pulp also had to be extracted. She had attended the out patient department of the Dentistry at least till 14.3.2003. I feel the following MACA 251/2009 -:2:- enhancement is necessary. I am enhancing the compensation by Rs.1,500/- towards pain and suffering. When there is fracture of the tooth and mobility caused to other tooth, certainly it will cause loss of amenities and enjoyment in life. I enhance the compensation by Rs.2,500/-. Her persistent visits to the hospital have affected her work and towards the same I enhance the compensation by Rs.1,500/- by making an additional compensation of Rs.5,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,500/- with 7.5% interest on the said sum from the date of petition till realisation and 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/-