IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 MACA.No. 2333 of 2010() ------------------------------ OPMV.75/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): CLAIMANT ------------------------------- GEORGE ABRAHAM, CHIRATHALATTU HOUSE, PANTHRANDAMKUZHY BHAGOM, VAKATHANAM, KOTTAYAM. BY ADV. SRI.SANTHOSH MODAYIL RESPONDENT(S): RESPONDENTS -------------------------------------- 1. BINU KURIAKOSE, PULICKAL (H), PANTHRANDAMKUZHY BHAGOM, VAKATHANAM, KOTTAYAM. 2. SUBHEESH RAJ, SUBEER NIVAS, VAKATHANAM, KOTTAYAM. 3. THE UNITED INDIA INSURANCE CO. LTD., KOTTAYAM. R3 BY ADV. SRI.P.SANKARANKUTTY NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2333 OF 2010 ............................................. Dated this the 11th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.75/2007. The claimant, a pillion rider who sustained injuries in a road accident dated 11.6.2005, had been awarded a compensation of Rs.11,800/=. Dissatisfied with the same he has come up in appeal for enhancement. ` 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award especially para-10 would reveal that the Out Patient Department confirmed the lacerations on the lip, vertebra. He had avulsion of two upper teeth and three lower teeth and he had abrasion on the neck. The injuries were sutured. The radiological examination revealed that he had sustained fracture of the patella (knee injury). It is also seen that he had visited the Dental Department of the hospital up to 9.8.2005. He was a young boy who was studying for computer at Bombay . : 2 : M.A.C.A.NO.2333 OF 2010 3. I feel that the Tribunal has awarded grossly inadequate compensation. When a person had sustained avulsion of about 6 teeth, fracture of the patella and various other injuries on other parts of the body and had continued treatment almost for a period of two months, it was not proper on the part of the Tribunal not to grant any amount towards medical expenses. It is true that he was treated in the Medical College Hospital. But nature of the injuries would reveal that radiological examination was necessary not only with respect to the patella but also with respect to the head and therefore taking into consideration these aspects, I award a sum of Rs.2,000/= towards treatment expenses. Similarly it can be seen that the claimant's three teeth each on the upper and lower portion of the mouth got avulsed and the treatment records further revealed that he had undergone treatment for a period of almost two months. Therefore, I feel at least an amount of Rs.2,000/= can be granted towards extra nourishment. It is true that no disability certificate is produced. It has to be borne in mind when a young person sustains fracture of the patella, : 3 : M.A.C.A.NO.2333 OF 2010 certainly it will affect his movements. So also the avulsion of six teeth would cause him handicap even in enjoying food at the age of 19. Certainly there would have been temporary disability and loss of amenities which has to be taken into consideration. Therefore I am inclined to grant an additional compensation of Rs.10,000/= towards additional loss of amenities and enjoyment. Thus, the claimant is entitled to an additional compensation of Rs.14,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,000/= with 7.5% interest on the said amount from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.2333 OF 2010 : 5 : M.A.C.A.NO.2333 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T