IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 2051 of 2008() ----------------------------------- OPMV.891/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------------------------------------------ SHAJU, S/O. MACHERY GEORGE, CHOWKKA DESOM, KODASSERY VILLAGE, ELINJIPRA.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN O.P.(MV): ---------------------------------------------------------------- 1. C.N. RADHAKRISHNAN, CHELOOR HOUSE, EDAKULAM, IRINJALAKUDA. 2. JOHNSON, S/O. KANNAMPUZHA ANTONY, ELINJIPRA.P.O. 3. NATIONAL INSURANCE CO. LTD., MAIN ROAD, IRINJALAKUDA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2051 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)891/02. The claimant sustained injuries in an accident and the Tribunal has awarded him a compensation of Rs.58,700/- with 7% interest. The major injury sustained by the claimant is loss of eight teeth in the accident. The Tribunal had elaborately considered the matter and per tooth awarded an amount of Rs.5,000/- each amounting to Rs.40,000/-. In the light of this award it did not entertain the case of permanent disability with respect to teeth. There cannot be any fault on them. The learned counsel also would contend that the Tribunal has not taken into consideration the factum of replacement of teeth. It has to be stated that it is taking into consideration that aspect also the Tribunal has awarded an amount for tooth. So that is what is precisely done and the major chunk of the injury is properly considered and M.A.C.A. 2051 OF 2008 -:2:- adequate compensation is awarded. On all other heads like medical bills, pain and sufferings, loss of earnings etc. also the compensation has been granted properly and an amount of Rs.58,700/- is just and reasonable compensation envisaged u/s 166 of the M.V.Act. Therefore I decline to admit the appeal and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-