IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 MACA.No. 1948 of 2008() ---------------------------------- OPMV.1359/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): CLAIMANT ------------------------- M.J.GEORGE, S/O.THE LATE JOSEPH, MANJALLY, THURAVOOR, ANAPPARA P.O. BY ADV. MR.K.A.SHAMSUDEEN RESPONDENT(S): RESPONDENTS -------------------------- 1. JALALUDDIN KUNJU, S/O.ALIYAR KUNJU, KANDATHIL HOUSE, MYNAKAPPILLY P.O., QUILON DISTRICT. 2. M.SHOUKATHALI, S/O.MEERA SAHIB, KINATTUMMOOTTIL HOUSE, KILIKOLLOOR P.O., QUILON DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., KUNDARA BRANCH, QUILON. R2 BY ADVS.MR.K.SANEESH KUMAR R3 BY MR.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1948 OF 2008 ............................................. Dated this the 16th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1359/1990. The claimant, a Deputy Manager in Federal Bank, sustained injuries in a road accident which took place on 25.6.1988. At the first round, the claim petition was dismissed against which an appeal was preferred as MFA.No.588/1993 and a Division Bench of this Court found that the claimant is entitled to 50% of the compensation to be determined and remitted the case back to the tribunal for fixing the quantum of compensation. Accordingly, the tribunal fixed the compensation at Rs.19,600/= and awarded a compensation of Rs.9,800/= to him. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for all. The claimant was 40 years old and was treated in the Medical Trust Hospital, Ernakulam from 25.6.1988 to 5.7.1988. He had sustained fracture of enamel of the first pre-molar, second pre molar : 2 : M.A.C.A.No.1948 OF 2008 and first and second molars. Radiological examination revealed fracture of the four teeth besides a crack fracture of the left side of the mandible which resulted in restriction of opening of the mouth. He had expended about Rs.1,900/= towards treatment. He had produced a disability certificate of 15% for fracture of the teeth and fracture of the mandible. 3. I feel that it may not be precisely correct to calculate the compensation on the basis of the disability certificate which takes in the methodology to consider the loss of earnings power. There cannot be any loss of earnings on account of this injury, whether pre-retirement or post retirement. But it will have the impact on the life style of the person, enjoyment of the person and in the long run regarding his health problems. The tribunal found that the claimant was having a salary of Rs.4,816/= and was on leave for 50 days. It only granted Rs.2,000/= towards loss of earnings but did not include it in tabulating the same. I feel that the whole compensation worked out requires reconstruction as follows: 4. Towards loss of earnings for 50 days, I grant a sum : 3 : M.A.C.A.No.1948 OF 2008 of Rs.8,000/=. Towards treatment expenses, an amount of Rs.1,900/= is granted. Towards transportation and damage to clothing Rs.500/= and Rs.100/= granted by the tribunal are retained. Since he had sustained a crack fracture of the mandible with fracture of 4 teeth, I award a sum of Rs.1,500/= towards extra nourishment. Certainly the fracture of the mandible and fracture of the teeth, the period of hospitalisation etc reveal regarding pain and sufferings of the person and therefore I award Rs.8,000/= towards pain and sufferings. Towards loss of amenities and compensation for fractured teeth and taking into consideration all the aspects, I am not going to separate award any compensation for permanent disability because that is taken care of under these two heads. Towards loss of amenities, I grant a sum of Rs.6,000/= and towards four fractured teeth, I grant Rs.8,000/=. Thus the total compensation would come to Rs.34,000/= out of which, 50% of the same would come to Rs.17,000/= of which Rs.9,800/= is awarded which means the claimant is entitled to have an additional compensation of Rs.7,200/=. : 4 : M.A.C.A.No.1948 OF 2008 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,200/= with 7.5% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.1948 OF 2008