IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 2176 of 2005(G) ------------------------------------ OPMV.904/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER : -------------------------------------- SHIMMY GEORGE, S/O.VARKEY, MOONNUTHOTTIYIL HOUSE, KAROOR P.O., PALA. BY ADV. SRI.P.C.HARIDAS RESPONDENTS/RESPONDENTS : ---------------------------------------------- 1. ALIYARKUNJU, CHENNALLOOR HOUSE, MEMANA P.O., OCHIRA. 2. SHIBU SEBASTIAN, PANAMATTATHIL HOUSE, KAROOR P.O., PALA. 3. BRANCH MANAGER, NATIONAL INSURANCE CO LTD., PALA. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR - R1 SRI.AJU MATHEW - R1 SRI.MATHEWS JACOB (SR.) - R3 SRI.P.JACOB MATHEW - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2176 OF 2005 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 904/02. The claimant, aged 28 years manager of a catering establishment, sustained injuries in a road accident whereby he had lost his upper incisor and also a fracture on the left ring finger and other soft tissue injuries on the neck, right hip etc. He was treated as inpatient for two days. The Tribunal awarded a compensation of Rs.6,769/-. It is against that decision the present appeal is preferred by the claimant, 2. Heard the counsel appearing for both sides. Learned counsel for the appellant would submit that the compensation awarded by the Tribunal is inadequate and it requires reconsideration. When a person's finger is fractured and when there is an injury on the mouth including loss of incisor, he would not have been in a position to do work for atleast two to three weeks. Therefore, I award Rs.1,000/- towards loss of earning. Tribunal has only awarded a sum of Rs.3,000/- for pain and suffering and MACA No.2176/05 2 Rs.2,000/- for loss of amenities and enjoyment in life. It also takes in the compensation for the loss of incisor. A young man at the age of 28 on account of the accident had lost his tooth then certainly it would have caused him some discomfort. So also the fracture of the finger may have caused him some temporary inconvenience and loss of amenities. So taking into consideration all these aspects, I award a consolidated sum of Rs.4,000/- as enhanced compensation under the head of pain and suffering as well as loss of amenities. Therefore the claimant is entitled to an additional compensation of Rs.5,000/-. In the result, the MACA 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 from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.2176/05 3