IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 1645 of 2007(C) ----------------------------- OPMV.2831/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/PETITIONER: ---------------------------------- SHYLESH GAVASKAR, S/O.GANGADHARAN, AGED 26 YEARS, RESIDING AT MANDADI HOUSE, KARAPARAMBA POST,KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S)/RESPONDENT: ------------------------------------- 1. P.M.MUHAMMED RIYADH,S/O.IMBICHIKOY HAJI, RESIDING AT AYISHA MANZIL, MANATH PARAMBIL, ARTS COLLEGE POST,KOZHIKODE. 2. T.C.NOUSHAD, S/O.ALI, RESIDING AT HARIS VILLA, THAIKANDI PARAMBA,MERIKUNNU POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE 2ND FLOOR, SEEMA TOWER, BANK ROAD,KOZHIKODE. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1645 OF 2007 = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2831/01. The claimant sustained injuries in a road accident and he was aged 21 years at the time of the accident. A perusal of the wound certificate made for perusal would reveal that he had sustained abrasions of 1 x 1 c.m. on the upper lip, abrasions 2 x 3 c.m. on the right side of the chin and a fracture on the left upper lateral incisor. He was admitted as an inpatient but the length of treatment is not evidenced by the wound certificate. There is no other document also. The Tribunal only awarded a very nominal compensation of Rs.1,000/- which I feel is totally inadequate. When a person sustains injury that too on the face with a fracture of incisors that too at the age of 21, one can imagine the agony and pain he might have undergone at least for a minimum number of days. Taking into consideration those aspects I award Rs.5,000/- more as additional compensation. M.A.C.A. 1645 OF 2007 -:2:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% 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. M.N. KRISHNAN, JUDGE. ul/-