IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 220 of 2005() ---------------------- OPMV.221/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER; ----------------------------------- FAISAL.A. AGED 35 YEARS, S/O.MUHAMMED, R/A. KALPANA, VELLUR P.O. VELLUR, KONNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): RSPONDENT NO.31: ------------------------------- THE NEW INDIA INSURANCE CO.LTD., KOZHIKODE. ADV. SRI.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 5.11.2008, ALONG WITH MACA NO. 1646 OF 2005 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 220 & 1646 OF 2005 -------------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT Ramachandran Nair,J. Connected appeals arise from common award passed by MACT granting compensation to the appellants who are husband and wife injured in the same accident which took place on 5.9.1996. The jeep in which appellants were travelling collided against a truck insured by the third respondent. MACT found negligence on the part of the truck driver and consequently insurer was ordered to pay compensation awarded by it. Appeals are filed for enhancement of compensation. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. 2. The total compensation awarded in the case of husband is Rs. 42,350/- and in the case of wife it is Rs. 55,850/-. Both the appellants were taken to a specialised hospital in Mangalore for treatment. The injuries sustained by the appellant in MACA No.220 of 2005 are essentially injuries on the face with fracture on the frontal and nasal bones. However, CT scan revealed no brain damage or permanent 2 disability for the appellant. The case of the appellant is that major injuries led to protracted treatment and rest for three months at a time when he was about to leave for Middle-east to continue his employment. Counsel has produced details of employment, income earned, etc. There is nothing to doubt the genuineness of the claim because even MACT admitted that appellant was employed abroad and injuries sustained by him are such that he would not have been able to resume work for a minimum period of three months. In the circumstances he is entitled to compensation for loss of earning for three months though no compensation is payable for permanent disability as the accident left him disabled not on a permanent basis in any way. Appellant has also contended that refusal of the MACT to grant full medical reimbursement is also not justified. Counsel has produced photograph of the appellant even after plastic surgery which shows some cosmetic damage to his face. Considering all these, we grant additional compensation of Rs. 60,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of deposit by the insurance company. 3. The main injury sustained by the appellant in MACA No. 3 1646 of 2005 is loss of six teeth, three from the lower jaw and three from upper jaw and injuries to her lips and face. Appellant was a young lady of 22 years of age at the time of the accident. According to the appellant, the accident has left scars and disfigurement of her face. In any case loss of teeth is a major loss as artificial teeth cannot effectively substitute original teeth of any person. Considering her disability even for day-to-day domestic work for three months and huge amount required to substitute the lost teeth and towards damages for dis-figurement, pain and sufferings, etc., we enhance the compensation by Rs. 50,000/- which will carry interest at 7.5 per cent per annum from the date of application till date of deposit by the insurance company. Appeals stand allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 4