IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 911 of 2004() -------------------------------- OPMV.135/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------------------------------- JAMES @ JAMESKUTTY, S/O. AUGUSTINE, PAZHUMTHOTTATHIL, ELIKULAM, KOORALI, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS/RESPONDENTS 1 TO 3 IN THE OP(MV): -------------------------------------------------------------------------------- 1. K.A.AUGUSTHY, KAREKUNNEL HOUSE, ELAMKULA, KOORALI, PONKUNNAM, KOTTAYAM. 2. ANIL KUMAR P.G. @ JAYAN, S/O. GOPALA PILLAI, PULATHUKAROTTU, ELAMKULAM, CHENGALAM, KOORALI. 3. THE ORIENTAL INSURANCE COMAPNY, CHEERA VELIL BUILDINGS, KANJIRAPPALLY, KOTTAYAM. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 911 OF 2004 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)135/98. The claimant, a 35 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.21,250/- with 9% interest. It is against that decision the claimant has come in appeal. 2. Heard the counsel for appellant as well as the insurance company. A perusal of the documents made available would show that the claimant had sustained (1) an injury on the left leg, (2) an alveolar fracture and one tooth from the upper jaw had fallen. He had a lacerated wound over the chin and lip. He was treated as an inpatient in the Lissy Hospital, Ernakulam from 21.12.1997 to 27.12.97 and for loosening of the teeth risdons wiring was done and dressing was given and he was discharged on 27.12.97. I feel the compensation needs enhancement under the following heads. M.A.C.A. NO. 911 OF 2004 -:2:- 3. The Tribunal has only given loss of earnings for one month at Rs.1,500/-. On account of various injuries on the leg, chin, lip etc. coupled with alveolar fracture it is certain that he would have been prevented from doing any work for six to eight weeks. Therefore I enhance the loss of earnings compensation by Rs.1,000/-. The claimant is from Thodupuzha District and was treated in Ernakulam and so he had to travel in a special conveyance for coming and going back on two different dates. Hence I enhance the transport expenses by Rs.250/-. Similarly, the Tribunal has only given Rs.500/- for extra nutritious food. It is to be seen that this claimant's injuries were on the cheek, chin, mouth including loss of tooth and loosening of tooth and wiring has to be done which all indicate that he would not have been in a position to take sold food for some point of time and therefore I enhance the extra nutritious compensation also by another Rs.500/-. Similarly, he was in the hospital for six days and no amount is seen paid for bystander's expenses. I grant him Rs.600/- under that head. The Tribunal has not M.A.C.A. NO. 911 OF 2004 -:3:- given any compensation for loss of tooth. At the age of 35 it is lost and therefore I grant him Rs.3,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.5,350/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,350/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company 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/-