IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 641 of 2009(F) ---------------------- OPMV.1284/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------- C.BASHEER, S/O.MAMMED KOYA, NADUVATHINI MEETHAL, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE-14. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. NOUSHAD.E.K., EYYAKKATTIL HOUSE, P.O.MAYANADU, CALICUT-8. 2. ORIENTAL INSURANCE COMPANY LTD., DI II PRAMOD BUILDING, CHEROOTTY ROAD, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 641 OF 2009 = = = = = = = = = = = = = = = Dated this the 15th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1284/03. The claimant, a 28 year old man sustained injuries in a road accident and the wound certificate revealed that he had tenderness at the lumbar region. Radiological examination revealed that there was a fracture on the transverse process on L3 region and he was treated as an inpatient. This is the only material available to fix the compensation. It is fixed as follows. 2. Towards loss of teeth I award a sum of Rs.2,500/-, towards treatment expenses I award a sum of Rs.1,000/- towards pain and sufferings he has to be compensated at the rate of Rs.5,000/- and for the loss of amenities and enjoyment in life suffered temporarily another Rs.3,000/- has to be awarded making it a total of Rs.11,500/- out of which Rs.4,500/- has been awarded by M.A.C.A. 641 OF 2009 -:2:- the Tribunal. So the claimant is entitled to an additional compensation of Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7% 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/-