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 4TH AUGUST 2011 / 13TH SRAVANA 1933 MACA.No. 6 of 2011(A) -------------------- OPMV.592/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: -------------- BASIL SLEEBACHAN, S/O. SLEEBACHAN.T.Y, AGED 20, THONATTU HOUSE, KAKKAD, MAMALA.P.O, THIRUVANIYOOR VILLAGE, ERNAKULAM. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENTS: --------------- 1. GEORGE PAUL, S/O. PAILY, PALUPARAMBIL HOUSE, PARAPPILIL ROAD, THIRUVAMKULAM.P.O, THIRUVAMKULAM VILLAE, ERNAKULAM - 682 305. 2. ABHILASH GEORGE, S/O.GEORGE, PALUPARAMBIL HOUSE, PARAPPILIL ROAD, THIRUVAMKULAM.P.O, ERNAKULAM - 682 305. 3. NATIONAL INSURANCE COMPANY LIMITED, PALARIVATTOM, PALARIVATTOM BRANCH OFFICE, KOCHI - 682 025. ADV. SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.6 of 2011 ***************************** Dated this the 4th day of August, 2011 JUDGMENT BASANT, J. Claimant is the appellant. He, a 19 year old student, claimed an amount of Rs.1,50,000/- as compensation for personal injuries suffered by him in a motor accident which took place on 08.02.2009. He was an inpatient for a period of 16 days in two spells. He had suffered fracture of the nasal bone which was reduced under general anaesthesia. There was dental mobility for the upper two teeth. They had to be eventually removed surgically. Fracture of two lower teeth was also there. The Tribunal by the impugned award directed payment of an amount of Rs.20,350/- as compensation as per the details which are given in para.9 of the award, which we extract below: i) Transport to hospital and home : Rs. 750.00 ii) Damage to clothing and articles : Rs. 500.00 iii) Extra nourishment : Rs. 1,500.00 iv) Attendant expenses : Rs. 1,600.00 M.A.C.A No.6 of 2011 2 v) Compensation for pain and suffering : Rs.10,000.00 vi) For loss of amenities and enjoyment in life : Rs. 6,000.00 --------------- Total : Rs.20,350.00 ========= 2. The challenge is directed only against the quantum of compensation awarded. Called upon to explain and be specific, the learned counsel for the appellant assails the impugned award on 3 specific grounds. First of all it is contended that no amount has been awarded under the head of treatment expenses. It is true that there was an omission on the part of the appellant to produce the medical bills. The Tribunal was absolutely wrong in insisting on production of documents before directing payment under the head of medical expenses. Indisputable data were available. Fracture of the nasal bone has been suffered. There was dental mobility. There was fracture of the lower two teeth. He was an inpatient for a period of 16 days. In these circumstances, even in the absence of better evidence, the Tribunal ought to have drawn the essential unavoidable inferences of prudence and must have awarded compensation for M.A.C.A No.6 of 2011 3 medical expenses incurred, contends the counsel. To fortify the arguments before this Court, bills for Rs.2,711.90 have been produced. We get indications that 6 unit bridging was done for the dental injuries suffered. Even in the absence of any better evidence, taking note of the nature of procedures undergone and the period of treatment, we are satisfied that the Tribunal must have awarded a reasonable amount under the head of medical expenses. We are satisfied that an amount of Rs.5,000/- can safely be awarded under the head of treatment expenses. 3. The learned counsel for the appellant next contends that 19 year old appellant/claimant has suffered facial disfiguration by the surgical removal of the 2 teeth. Reliance is placed on medical documents to show that it is the front upper teeth which have been lost. Of course, bridging could have reduced the impact of the disfiguration. But the appellant is certainly entitled for compensation for loss of teeth, fracture of teeth as also the resultant facial disfiguration. Only an amount of Rs.6,000/- has been awarded under that head. We feel it absolutely reasonable to direct payment of Rs.12,000/- under that head. M.A.C.A No.6 of 2011 4 4. Thirdly the counsel contends that the appellant, a student, because of the injuries and the consequent treatment, was unable to pursue his normal chores. For retardation in educational progress, no amount of compensation has been awarded. It is reasonable that the appellant would not have been able to pursue his educational career at least for a period of one to two months. We are satisfied that a reasonable amount of compensation deserves to be awarded under that head. We reckon Rs.3,000/- to be the reasonable compensation under that head. We are not persuaded to agree that the amount awarded under any other head deserves modification/enhancement. 5. The above discussions lead us to the conclusion that the appellant is entitled for the following further amounts in addition to the amount already awarded by the Tribunal. i) Medical expenses : Rs.5,000.00 (bills for Rs.2,711.90 produced before the appellate court, 16 days' hospitalisation, 6 unit bridging done) ii) Loss of amenities, enjoyment of life, facial disfiguration : Rs.6,000.00 (12,000 minus 6,000) M.A.C.A No.6 of 2011 5 iii) Retardation in educational progress : Rs.3,000.00 (taking into account the period of involuntary inability to pursue studies consequent to the accident) --------------- Total : Rs.14,000.00 ======== 6. In the result: a) This appeal is allowed in part; b) The appellant is found entitled to a further amount of Rs.14,000/- in addition to the amount already awarded by the Tribunal; c) We direct that the entire amount of compensation shall carry interest at the rate and for the period as directed in the impugned award; d) All other directions of the Tribunal are upheld. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/