IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 2903 of 2009() ----------------------- OPMV.1770/2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER :- -------------------------------------- GIRIJAMMA, W/O. THRIVIKRAMAN, KARIMICHERY (H), PADINJATUMBHAGOM KARA, KUMARAKOM POST AND VILLAGE, KOTTAYAM. BY ADV. SMT.GIRIJA.L. RESPONDENTS/RESPONDENTS :- ---------------------------------------------- 1. VIDYANANDAN @ KUNJUMON, ARAKUZHIYIL (H), KAREEMADOM, PARIPPU, KOTTAYAM. 2. SECRETARY, KOTTAYAM WEST ULNADAN MATSYATHOZHILALI VIKASANA KSHEMA SAHAKARANA SANGHAM, KUMARAKOM POST, KOTTAYAM. 3. THE UNITED INDIA INSURANCE CO. LTD., KOTTAYAM. R3 BY ADV. SMT.R.REMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT M.N. KRISHNAN, J. == = = = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A.NO. 2903 OF 2009 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = Dated this the 7th day of April, 2010 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = = = = J U D G M E N T This is an appeal preferred against the award of the M.A.C.T., Kottayam in O.P.(MV) No.1770/2006. A 40 year old lady sustained injuries in a road accident. The tribunal awarded a compensation of Rs.21,102/- with 7.5% interest. The insurance company was directed to pay the amount. It is against that decision, the claimant has come up with an appeal for enhancement. 2. A perusal of the award would reveal that she had a lacerated wound on the left frontal region 4 x 1 c.m. and one tooth was lost in the accident and two teeth became mobile which was later removed resulting in the loss of 3 teeth. All the 3 teeth were refixed and caped. 3. The tribunal has awarded reasonable compensation under almost all the heads. The tribunal has awarded Rs.12,000/- towards pain and suffering; Rs.3,000/- towards M.A.C.A.NO. 2903 OF 2009 -2- loss of amenities; Rs.2,000/- towards loss of income. The tribunal did not take into consideration the factum of loss of teeth. When the natural teeth is removed and artificial denture is fixed, it will have its own impact and it will take time to adjust and thus seem inconvenience. So taking into consideration those aspects and considering the age of the person, for the loss of teeth, I am inclined to grant a sum of Rs.6,000/- as additional compensation. In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7.5% interest per annum on the said sum, from the date of petition till realisation. The respondent insurance company is directed to deposit the said amount, within a period of 60 days from the date of receipt of the copy of this Judgment. M.N.KRISHNAN JUDGE nl