IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 1378 of 2005 ---------------------------------- ( OPMV.750/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR) . ................... APPELLANT/PETITIONER: -------------------------------------- REGHUNADHAN NAIR, S/O.CHELLAPPAN NAIR, AMRUTHALAYAM, MALAYIKIL, VELIYAM P.O., KIZHAKKEKKARA MURI. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS/ RESPONDENTS: --------------------------------------------- 1. BALAKRISHNA PILLAI, S/O. PARAMU PILLAI, VADAKKEBHAGATHU VEEDU, MEENADU MURI, MEENADU VILLAGE. 2. VENUGOPAL, S/O. CHELLAPPAN PILLAI, C.V.S. BHAVAN, NEDUMGOLAM MURI, PARAVOOR. 3. ORIENTAL INSURANCE CO. LTD., KOLLAM BRANCH. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.ANo. 1378/2005 ORDER IN I.A.NO. 2519/05 IN M.A.C.A.NO. 1378 DISMISSED SD/- M.N. KRISHNAN, JUDGE. 16.07.2008 /TRUE COPY/ P.A. TO JUDGE vkm M.N. KRISHNAN, J --------------------------------- M.A.C.A.No. 1378 OF 2005 -------------------------------------- Dated this the 16th day of July, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Punalur in O.P.(MV)No. 750/2000. The claimant, a 40 years old man working as a plumber sustained injuries in a road accident. A perusal of the award would reveal that he sustained facial injuries involving the cheek, the teeth and initially he was treated as inpatient in Sanker Hospital, Kollam for 7 days and thereafter in the speciality Dental Clinic for 16 days. A perusal of the award would make it clear that the claimant lost 11 teeth in the road accident. Subsequently the entire teeth has to be removed and re-fixed. The Tribunal has awarded a compensation of Rs. 20,496/- and it is against that decision the claimant has come up in appeal. 2. After hearing both sides, I feel that the Tribunal has not been reasonable in fixing the compensation. It can be seen that 11 teeth were lost in the accident which necessitated 23 days inpatient treatment and also has to remove the entire teeth and re-fix it. M.A.C.A. No. 1378/2005 -2- Considering the age of the man at 40, and fixing the compensation at Rs. 2,500/- per teeth, the claimant will be entitled to get Rs. 27,500/- under that head. Rs. 3000/- is awarded under that head and so he is entitled to get additional compensation of Rs. 24,500/-. Though the Tribunal has mentioned about, bills for Rs. 9,800/- without assigning any reason, it reduces and fixed at Rs. 5,000/- which is also insufficient. It is enhanced by Rs. 2,500/-. Since I had given a consolidated compensation for the loss of the teeth, it takes in compensation for loss of amenity in part and so additional compensation under that head is not necessary. Therefore the claimant is entitled to get an additional compensation of Rs. 27,000/-. In the result, M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs. 27,000/- with 7% interest from the date of petition till realisation and the 3rd respondent, Insurance Company is directed to deposit the amount within sixty days from the date of receipt of the copy of the judgment. M.N. KRISHNAN, JUDGE. vkm