IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 787 of 2005() ---------------------- OPMV.1602/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- LIJI, D/O.GOPALAN, ORICKAL HOUSE, KATTAMPACK, NJEEZHOOR, KOTTAYAM. BY ADV. SRI.T.R.HARIKUMAR RESPONDENT(S): RESPONDENTS. ----------------------------------------------------- 1. SUNNY ABRAHAM, S/O.ABRAHAM, THOTTHICHIRAYIL, VAIKOM. 2. BIJU, S/O.KUMARAN, PLAMPARAMBIL HOUSE, KAPPUMTHALA, NJEEZHOOR, KOTTAYAM. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KOTTAYAM. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.787 of 2005 ------------------------------------- Dated 19th November, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 24 sustained serious injuries in a motor accident on 20.6.1999. Tribunal found that the accident occurred due to the negligence of the second respondent, driver of the vehicle insured by the third respondent insurance company. But, against a claim of Rs.3,00,000/= only Rs.25,000/= was awarded by the Tribunal. Ext.A15, discharge card as well as Ext.A14 wound certificate show that the appellant had sustained fracture of Dento aviolar, loss of one tooth and fracture of six teeth. She was treated as inpatient for 6 days. Accident is not disputed. The Tribunal did not award any compensation for the injuries sustained by him except Rs.10,000/= for the damage caused to the teeth, Rs.10,000/= for pain and suffering and Rs.5,000/= for treatment expense. It is true that the case was conducted carelessly on behalf of the claimant. Necessary documents were not produced. Claimant was aged 24 at the time of the accident. Tooth was lost and six teeth were fractured. Tooth replacement will be necessary. For the fractured teeth also treatment will be necessary. The fractured teeth and loss of tooth will certainly affect her appearance also. Expenses for dental M.AC.A..787/2005 2 surgery are also costly. For treatment expense only Rs.5,000/= was awarded. Considering the serious injuries, loss of tooth and six fractured teeth, disfiguration and treatment expenses, we are of the opinion that another Rs.10,000/= should be granted. The above Rs.10,000/= should be deposited by the third respondent insurance company with 7.5% interest from the date of application till its deposit, over and above the amount decreed by the Tribunal. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks