IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 55 of 2011() -------------------- OPMV.594/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI ................. APPELLANT / PETITIONER: --------------------------------------- MOHAMMED KUTTY HAJI, S/O. KUNHAHAMMED HAJI, CHAKKARATHODI HOUSE, PONMALA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT / 3R RESPONDENT : ------------------------------------------------- THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE DISTRICT-REPRESENTED BY ITS BRANCH MANAGER, (INSURER OF LORRY) – PIN-673 573. BY ADV. SRI T.V.AJAYAKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 55 OF 2011 = = = = = = = = = = = = = = = Dated this the 6th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)594/01. The claimant, a passenger in a bus, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.9,328/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Learned counsel for the insurance company has opposed the appeal on the ground that the evidence had not been tendered and adequate compensation has been awarded. But the factum of the loss of tooth is evidenced by the documents produced and therefore I proceed to dispose of the matter. M.A.C.A. 55 OF 2010 -:2:- 3. A perusal of the award would show that he had lost one tooth and another tooth became mobile and there was a fracture also. He was on leave for about seven days. Considering the fact that he has lost a tooth and that it would have caused him some loss of amenities I am inclined to enhance the compensation by Rs.5,000/- but make it clear that the claimant will not be entitled to get interest for the period wherein delay had been caused in representing the appeal. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till 18.3.2006 and at the same rate from 23.10.10 till realisation and the respondent, insurance company namely 3rd respondent in the claim M.A.C.A. 55 OF 2010 -:3:- petition is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.