IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 MACA.No. 1529 of 2011() ----------------------- OPMV.3567/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- THILAKAN, S/O.VELAYUDHAN,THYVALAPPIL HOUSE, P.O.MANAKODY, THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS/RESPONDENTS -------------------------------------- 1. M.K.THILAKAN, S/O.KOCHAKKAN, MAROTTIKKAL HOUSE, P.O.MANAKODY, THRISSUR DISTRICT-680 001. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, NO.1, T.D.BUILDING, P.O.NO.158, FOUND NORTH, THRISSUR-680 001. ADV. SMT.A.SREEKALA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No.1529 of 2011 ------------------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT Basant,J. The claimant is the appellant. He, a 41 year old person, allegedly a loading and unloading worker, claimed compensation for the personal injuries suffered by him in a motor accident which took place on 10/7/2003. He had suffered injuries to the teeth. Three teeth were broken and had to be extracted. Their position is indicated in the wound certificate as 21 1 . He was treated as an outpatient. He sought the services of a Dentist who suggested that `12,000/- would be required to get artificial teeth placed. The Tribunal by the impugned award directed payment of a total amount of 16,000/-. It was awarded as global amount. No break up is shown in the impugned award. The insurer has been made liable to pay the entire amount. 2. Before us, the learned counsel for the appellant and the learned counsel for the insurance company have advanced their arguments. Challenge is directed only against the quantum of M.A.C.A. No.1529 of 2011 -: 2 :- compensation awarded. The particular grievance of the appellant is that the Tribunal did not apply its mind properly to the claims raised. Amounts should have been awarded under the heads of pain and suffering, loss of earnings, medical expenses including future medical expenses and disfiguration, contends the learned counsel for the appellant. 3. We are certainly satisfied that the Tribunal has not specifically applied its mind to the various heads of claim. Having considered all the relevant inputs, we are satisfied that a total amount of `34,500/- (Rupees thirty four thousand and five hundred only) can be awarded to the appellant as per the details shown below: 1. Pain and suffering (painful extraction of 3 teeth) - ` 6,000/- 2. Loss of earnings (Injury and extraction of teeth, we assume, may have led to involuntarily unemployed for a period of about 5 to 7 days) - ` 1,000/- 3. Medical expenses and miscellaneous expenses including future medical expenses - `12,500/- 4. Loss of amenities, disfiguration, loss of 3 teeth etc. - `15,000/- ------------ Total - `34,500/- ===== M.A.C.A. No.1529 of 2011 -: 3 :- We are satisfied that the above amount would be a just, fair and reasonable compensation for the loss suffered. 4. In the result: (a) This appeal is allowed in part. (b) The appellant is found entitled to a further amount of `18,500/- (Rupees eighteen thousand only) in addition to the amount already awarded by the Tribunal. (c) We make it clear that the entire amount of compensation shall carry interest at the rate and for the period as specified by the Tribunal in the impugned award. (d) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge M.A.C.A. No.1529 of 2011 -: 4 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- C.M.Appll. No.2337 of 2011 in M.A.C.A. No.1529 of 2011 ------------------------------------------------- Dated this the 13th day of October, 2011 ORDER This petition is to condone the delay of 380 days in filing the M.A.C.A. Heard. We take a lenient view. Petition allowed. Delay condoned. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/