IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 837 of 2005() -------------------------------- (OPMV.510/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA) APPELLANT:(PETITIONER): ---------------------------------------- N.V. KANCHANA KUMARI, WIFE OF SIVARAMAN, CHENDAKUNI, MEENANGADI, S. BATHERY TALUK, WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: (RESPONDENTS): ---------------------------------------------- 1. K. RAMACHANDRAN, SON OF KUNJUNNI KURUP, PUTHENPURAYIL HOUSE, ANIYARAM, PERINGALAM, CHOKKLI, KANNUR DISTRICT. 2. UNITED INDIA ISURANCE COMPANY, TELLICHERRY BRANCH, PIN-678 981. BY ADV. SRI.T.J.LAKSHMANAN IYER SRI.T.GOPALAKRISHNAN SRI.S.S.JEEVAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 837 OF 2005 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 510/98. The appellant/ petitioner, who is a collection agent by profession, had sustained injuries in a road accident and as a result of which two of her teeth was lost and she had lacerated injury with exposure of pulp of incisor. It must have really been painful when the injury is sustained on the gum and tooth has to be removed on account of the same. I feel an additional compensation has to be awarded on the head of actual loss of earning for the reason that on account of the removal of teeth and the injury sustained in the lip, the appellant would have not been in a position to move out freely for atleast for three months. So I enhance it by Rs.2,000/-. It is certain that she would have suffered excruciating pain on account of the injury which has resulted in the exposure of the pulp. She would have also undergone pain for replacement of the same. Therefore I enhance the compensation for pain and sufferings by Rs.3,000/-. So far as MACA No.837/05 2 disfiguration is concerned, the Tribunal has awarded compensation for loss of teeth as well as for disfiguration for a sum of Rs.11,000/- which according to me is adequate. Therefore the claimant will be entitled to a total compensation of Rs.5,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents jointly and severally. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps