IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.No. 941 of 2008() ---------------------- OPMV.2477/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PEITIONER IN THE O.P.(MV): -------------------------------------------------------------- P.SANTHA, W/O.RAMACHANDRAN, AGED 51 YEARS, RESIDING AT PUTHENVEETTIL HOUSE, CHULLIYODE POST, WYNAD. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN THE O.P.(MV): ------------------------------------------------------------------------- 1. PRAKASAN, S/O DAMODHARAN, AGED 47 YEARS, RESIDING AT KALATHIL HOUSE, CHEVAYOOR POST, CHEVAYOOR AMSOM AND DESOM, KOZHIKODE. 2. THE NATIONAL INSURANCE COMPANY LTD., PARCO TOWERS, 4 TH FLOOR, P.H.RAJ ROAD, KOZHIKODE. ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 941 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008. 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)2477/99. The claimant, a 43 year old lady sustained injuries in a road accident. The wound certificate show that there was a fracture on the crown 2, through and through injury on the lower incisor and three teeth had been affected by the injury. Subsequently, documents are produced from the Dental Department which confirms the injuries mentioned in the wound certificate and subsequently it is seen that one tooth from the upper part is extracted and repair is done with respect to the other two. A perusal would reveal that she had visited hospital on four or five occasions. At the age of 43 the lady had lost a teeth and had sustained a through and through injury with respect to other two teeth. The wound certificate also shows that there are corresponding injuries on the lip, gum etc. which would have certainly resulted in M.A.C.A. 941 OF 2008 -:2:- excruciating pain for the person and she would not have been in a position to take solid food for a considerable length of time. It is true that in these type of cases, compensation cannot be awarded with mathematical precision but the over all injury has to be taken into consideration and compensation has to be awarded. I feel this is a fit case where the compensation awarded has to be enhanced by Rs.5,000/- and I do so. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% 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/-