IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 1056 of 2007(D) ------------------------------- OPMV.1636/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- SALEEM, S/O. KOYA MOIDEEN, AGED 25 YEARS, RESIDING AT THARIYATTU HOUSE, G.A.COLLEGE POST, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------- 1. RAJAN, S/O.THEYYAN, AGED NOT KNOWN, RESIDING AT KUNHAVIL HOUSE, PRAJIL BHAVAN, PANTHEERANKAVU POST, KOZHIKODE. 2. THE DISTRICT INSURANCE OFFICE, WOOD WORKSHOP BUILDING, PUTHIYARA, KOZHIKODE. BY GOVERNMENT PLEADER FOR R2 SRI. V.P.K. MOHANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1056 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of September, 2008. 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)1636/98. The claimant was aged 19 years at the time of the accident. On account of the accident he had sustained a fracture on the maxilla and mandible and he had lost 12 teeth following the injuries sustained in the accident. Exts.C1 is the disability certificate issued by the Medical Board. The Medical Board assessed the disability at 15% but taking into consideration the nature of injuries and his avocation as an auto rickshaw driver it found that he is unlikely to have any occupational injury due to the above injuries. A man aged 19 years had lost 12 teeth in a road accident coupled with fracture of the mandible and maxilla, it would have taken a prolonged time for getting things repaired. Even if Rs.2,000/- is taken as the compensation for one tooth he will be entitled to Rs.24,000/- for which only Rs.10,000/- is M.A.C.A. 1056 OF 2007 -:2:- granted and therefore I am inclined to award a compensation of Rs.14,000/- more under that head. It is also to be stated that on account of the mal-union of the maxilla and mandible there will be some sort of disfiguration and that is why the Medical Board fixed the disability at 15%. I feel the compensation can be enhanced under that head also by another Rs.5,000/-. On all other heads the amount awarded is adequate and therefore MACA is partly allowed and the claimant is awarded an additional compensation of Rs.19,000/- with 6% interest on the said sum from the date of petition till realisation and the 2nd respondent 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/-