IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1598 of 2007(B) ----------------------- OPMV.1798/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ P.P. BAVA, S/O. ALAVI, AGED 25 YEARS, MUTHALAKUNDUNILAM HOUSE, PERUVAYAL POST, KALLORI, KOZHIKODE. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN OP(MV): ------------------------------------------------------------ 1. P.P. MUSTHAFA, S/O. KUNHIMOYINKUTTY, VILAKKUMADATHIL HOUSE, PERUVAYAL, KAYALAM, KOZHIKODE. 2. P.T. GAFOOR, S/O. MOOSA KOYA, PARAYANGATTUTHADAYIL HOUSE, POOVATTUPARAMBA, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE NO.-1, CHEROOTY ROAD, KOZHIKODE. BY ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1598 OF 2007 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1798/00. The Tribunal awarded a sum of Rs.8,500/- as compensation. It is against that decision, the present appeal is preferred by the claimant for enhancement. 2. The accident had taken place on 25.5.00. He was treated as inpatient in the hospital till 30.5.00. He had multiple soft tissue injury with fracture of the teeth. It is also revealed from the discharge card that besides the fracture, he had abrasions on the forehead, below nose, right knee and laceration of the lip. Suturing was also done for the wound. He was administered antibiotics. The treatment records would further reveal that the claimant had visited the dental department of the Medical College atleast on a dozen of occasions, which would indicate that he has to be treated for the same for a long period. It would also show about the fracture of the teeth. So this is a case where the claimant had undergone a very prolonged treatment for the injury i.e. namely the fracture of the tooth. He had stated in the petition that he is a coolie by profession. But the Tribunal has not considered that aspect at all. MACA No. 1598/07 2 3. Considering the nature of the injury and fixing his income at Rs.1,250/- as his earning, it is desirable that an amount of Rs.2,500/- is granted for loss of earning. The continuous prolonged treatment undergone by him would indicate that he had lot of problems with his fractured teeth and certainly there would have been severe loss of amenities and enjoyment in life to him besides inconvenience that would have been caused to him in day to day activities and that too at the age of 18. Therefore, this is a fit case where on perusal of the case records I am convinced that atleast an additional compensation of Rs.4,000/- has to be awarded for loss of amenities. Therefore the claimant will be entitled to an additional compensation of Rs.6,500/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- with 6% interest on the said sum from the date of petition till realisation. 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 vps MACA No. 1598/07 3