IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 581 of 2004() ---------------------- OPMV.554/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT: ------------------------------------- REMANI, W/O.LATE SUKUMARAN, ARUKIL VADAKKUMKARA VEEDU, KUTTICHAL P.O. THIRUVANANTHAPURAM. BY ADV. SRI.MADATHIL S. ANIL KUMAR SMT.D.JAMEELA DEVI RESPONDENTS: RESPONDENTS: ------------------------------------------------ 1. THE MANAGING DIRECTOR, K.S.R.T.C. THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM. BY ADV.SRI. K.PRABHAKARAN,SC, KSRTC - R1 SRI.E.M.JOSEPH - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 581 OF 2004 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Neyyattinkara, in OP(MV) 554/01. The appellant a sweeper in the dental college sustained injuries in a road accident with suspected fracture of the nasal bone and injuries on the mouth. She was treated as an outpatient. Tribunal awarded Rs.3,000/- for pain and suffering, Rs.666 for loss of earnings and Rs.250/- each for transport and treatment expenses. 2. Learned counsel for the appellant had made available before me a disability certificate issued as well as the other treatment records. I am not impressed with the disability certificate issued and the Doctor was not examined to prove the same. But the treatment records would reveal that she had visited the hospital on so many occasions and consulted the Doctor. Certainly, when there is an injury on the tooth, there will be difficulty in chewing and therefore, I feel there must be some amount awarded under the head of loss of amenities and enjoyment in life for a temporary period. Under that MACA No.581/04 2 head, I award a sum of Rs.3,000/- which shall be the enhanced compensation. Therefore the appellant is entitled to an additional compensation of Rs.3,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation. 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 MACA No.581/04 3