IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 1824 of 2005(B) ------------------------------------- O.P(MV).NO.99/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA. .................... APPELLANT/PETITIONER: ------------------------------------- T.A.JOHN, S/O.ABRAHAM, RESIDING AT THOLAMKULAM HOUSE, PIRAKUNNAM KARA, NERIAMANGALAM VILLAGE. BY ADV. SMT.ANNIE PAUL, ADV. SRI.PHILIP J.VETTICKATTU. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. GOPALAKRISHNAN, S/O.AYYAPPAN, PARATHAZHUTHU HOUSE, PARATHODU P.O., KALLARKUTTY. 2. ANILKUMAR @ ANIL, S/O.GOPALAKRISHNAN, PARATHAZHUTHU HOUSE, PARATHODU P.O., KALLARKUTTY, IDUKKI DIST. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., MUVATTUPUZHA. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL - R1 & R2, ADV. SRI.VARGHESE PARAMBIL - R1 & R2, ADV. SRI.S.MAMMU - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1824 OF 2005 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 99/02. The appellant/petitioner sustained large number of injuries in a road accident. On account of the same, he had to remove five teeth. The Tribunal awarded a total compensation of Rs.26,000/-. It is against that decision the present appeal is preferred. 2. Heard counsel for both sides. The Tribunal has only awarded Rs.1,000/- for loss of earnings for two weeks. It has to be remembered that on account of the accident, the teeth had to be extracted and certainly it would have taken atleast six weeks for him to recover from those injuries. Therefore, I enhance the loss of earning by Rs.2,000/-. So far as other expenses are concerned, the Tribunal awarded reasonable compensation. It has awarded Rs.10,000/- towards loss of amenities and enjoyment in life. I feel the removal of five teeth would have certainly caused him loss of amenities and he may not be able to enjoy the natural taste. MACA No.1824/05 2 Therefore I enhance that head by Rs.3,000/- thereby allowing an additional compensation of Rs.5,000/-. In the result, the MACA is partly allowed and the claimant is awarded 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 60 days of from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps