IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 1 of 2007() ------------------------------ OPMV.21/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/PETITIONER. ------------------ MADHU, S/O.PODIYAN, VATTAVILAYIL VEEDU, POOTHANKARA, ERADIMANGALAM VILLAGE. BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS: RESPONDENTS. ------------------------- 1. ABRAHAM, S/O.UNNOONNI, KALATHIVILAYIL, ERAVICHIRA KIZHEKKU MURI, SOORANADU SOUTH VILLAGE, KANNATHOOR TALUK. 2. MADHU, S/O.JANARDHANAN, BHAGAVATHI AYYATHU HOUSE, EDAKKADU MURI, PORUVASHI VILLAGE. 3. UNITED INDIA INSURANCE CO.LTD., NO.197270, HEAD OFFICE, 24, WHITE ROAD, MADRAS-600 014, REPRESENTED BY DIVISIONAL MANAGER, KOLLAM. 4. G.KRISHNA PANICKER, G.P.BHAVAN, KOYPALLIKARIMA, PERINGALA, MAVELIKARA. 5. NATIONAL INSURANCE CO.LTD., P.B.NO.60, 1ST FLOOR, AISWARYA BUILDING, N.H.47, KAYAMKULAM. ADV. SRI.LAL GEORGE FOR R5 SRI.K.V.GOPINATHAN NAIR FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1 OF 2007 ===================== Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal in O.P.(MV)No.21 of 1999. The claimant, claiming to be a head load worker , aged 27 years, sustained injuries in a road accident. He had lost 4 teeth and had fracture on two other teeth. He was initially treated in the Government Hospital for 11 days. Thereafter again he was treated in the General Hospital, Pathanamthitta for another 10 days, which is evidenced by Exts.A10 and A12. A disability of 7% was produced, but it was not accepted by the Tribunal. The Tribunal held that for loss of teeth compensation can be granted towards loss of amenities and enjoyment in life and therefore disability compensation cannot be granted. It is evident from the materials that he was treated in the hospital as an inpatient for a period of 21 days. It is certain that he would not have been in a position to do any work at least for a period of two months. Therefore I enhance the compensation for loss of earning by Rs.1,500/-. A young man aged 27 years lost 4 teeth and had fracture on other two teeth, I award him a consolidated MACA 1/2007 -:2:- amount of Rs.15,000/- for loss of 4 teeth plus fracture of 2 teeth. An amount of Rs.8,000/- is already awarded for discomfort, etc. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-after deduction. On all other heads, the Tribunal has awarded just and reasonable compensation. Therefore the claimant will be entitled to an additional compensation of Rs.8,500/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,500/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-