IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 MACA.No. 72 of 2009(B) ---------------------------- OPMV.1557/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ------------------------------------------ SHAHILA, W/O.SULAIMAN, AGED 25 YEARS, RESIDING AT MADHIYAM KALLINGAL HOUSE, P.O.KODIYATHOOR VIA, MUKKOM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OPMV: ----------------------------------------------- 1. NIZAR M.K., AGE NOT KNOWN, RESIDING AT NERKATTI POYILIL HOUSE, CHENNAMANGALOOR, P.O.MUKKAM, KOZHIKODE. 2. NATIONAL INSURANCE CO.LTD., KORAMBAYIL ARCADE, PANDIKKAD ROAD, MANJERI, MALAPPURAM. ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 72 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2009. 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)1557/02. The claimant, a 19 year old housewife, sustained injuries in a road accident while she was travelling in an auto rickshaw. There was a collision between the auto rickshaw and the motorbike. The Tribunal on mere conjectures and surmises had apportioned the negligence at 50% each but it only reduced it to 10% compensation and therefore I do not want to interfere with the same for the reason the appeal is only for the purpose of enhancing the compensation. 2. The learned counsel for the appellant had made available before me the documents relating to the treatment. The claimant had sustained a lacerated wound on the cheek as well as a lacerated wound on the lower lip and there was loosening of 2 left lower incisors. It can be seen that she had attended the Dental Department of the Medical College M.A.C.A. 72 OF 2009 -:2:- Hospital on so many occasions and it is revealed from the said records that she had a Gr.II mobility of incisor 3 as well as incisor 2. According to her there was difficulty in opening the mouth. She had visited the Dental Department till April 2002 for the treatment. So with these materials I propose to decide the compensation. 3. I fix the loss of earnings at Rs.1,250/-, towards medical expenses, extra nourishment, transport expenses etc. I award a sum of Rs.1,500/-, towards pain and sufferings a sum of Rs.3,000/- is awarded on account of the lacerated wound on the cheek and lip which had affected the teeth and there was mobility of the teeth which require almost a prolonged treatment. There would have been loss of amenities and enjoyment in life for a short period of time for which I grant Rs.2,500/-. Therefore she will be entitled to a compensation of Rs.8,250/- deducting 10% as done by the Tribunal it will come to Rs.7,425/- out of this Rs.4,500/- is already awarded. Therefore the claimant will be entitled to an additional compensation of Rs.2,925/-. M.A.C.A. 72 OF 2009 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,925/- with 7.5% interest on the said sum from 7.6.2002 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/-