IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 M.A.C.A.No. 1259 of 2006(B) ----------------------- OP(MV)NO. 1864/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA . .................... APPELLANT/PETITIONER: --------------------- BINU, S/O. MATHEW, KIZHAKKEDATHU HOUSE, AYAVANA. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS/RESPONDENTS: ------------------------- 1. BIJO, S/O. MATHEW, KIZHAKKEDATHU HOUSE, AYAVANA. 2. UNITED INDIA INSURANCE COMPANY LIMITED, MUVATTUPUZHA. BY ADV. SRI.N.S.MOHAMED USMAN -R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1259 OF 2006 --------------------- Dated this the 29th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal,Muvattupuzha, in OP(MV) 1864/01. The claimant sustained injuries in a road accident while travelling in a motor bike. The Tribunal awarded him a compensation of Rs.15,400/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel for both sides. The wound certificate would reveal that he had contusion over the lip and avulsion of the 2nd incisor tooth. He had also a lacerated injury over the nasal bone. He was treated as inpatient for three days. The Tribunal also found that he had suffered root fracture of three teeth on the lower jaw. The Tribunal has only granted 10 days loss of earning, which I find is too inadequate. Considering the nature of the injury sustained by the claimant, I award him one more months loss of earning at the rate of Rs.1,500. So, the balance will work out to Rs.1,100/-. The Tribunal has taken into consideration the gravity of the tooth injury while granting compensation under the head of pain and suffering MACA No.1259/06 2 But it has not been adequately done. When a person's three teeth are fractured, there will be difficultly for him atleast for some days and he would have been forced to take only liquid diet. A man aged 21 years would have suffered loss of amenities and enjoyment in life for which an amount of Rs.3,000/- is only awarded which is to be enhanced to Rs.5,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.3,100/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,100/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1259/06 3