IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 1042 of 2005() ----------------------------------- OPMV.1581/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ------------------- RAJAN, S/O.GOVINDAN, RESIDING AT KOONAMPALAM HOUSE, MANALAREO ESTATE, PADAGIRI P.O. NELLIYAMPATHY, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.JIBU P THOMAS SRIK.A.NOUSHAD RESPONDENTS: REPONDDENTS ------------------------ 1. RAJAN, S/O.CHATHUNNI, RESIDING AT PANAKKAPPATTU, VICTORIA DIVISION, MANALAREO ESTATE, NELLIYAMPATHY, PALAKKAD. 2. BHAGYAVAN, S/O.ARULAPPA THEVAR, RESIDING AT HOUSE NO.8/269, PADAGIRI, VICTORIA DIVISION, MANALAREO ESTATE, NELLIYAMPATHY, PALAKKAD. 3. THE UNITED INDIA INSURACE COMPANY LIMITED, NEMMARA, PALAKKAD. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 SRI.C.C.THOMAS (SR.) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1042 OF 2005 ===================== Dated this the 16th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)No.1581 of 1998. The claimant, a 42 year old man working as a coolie sustained injuries in a road accident whereby two upper right incised teeth were extracted. The certificate also would reveal that his 4 upper and 4 lower incisors are mobile. The documents produced would reveal that he was getting a daily wages of Rs.60.59. The Tribunal awarded a compensation of Rs.16,500/- including the compensation for two teeth. 2.Learned counsel would contend that the loss of teeth had caused him considerable difficulty in taking and enjoying the food and this injury has caused him some disability for some time. Taking into account the factum of loss of two teeth, I am inclined to enhance the compensation by Rs.2,000/- under that head. Similarly, for pain and suffering Rs.5,000/- is seen awarded. It is also not in commensurate with the injury sustained especially an injury in the mouth effecting the mobility of teeth. Therefore MACA 1042/2005 -:2:- I enhance Rs.2,000/-under that head. On all other heads, the Tribunal has granted just and reasonable compensation. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the 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/-