IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 188 of 2005() -------------------------------- OP(MV).914/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ------------------------------------- SARITHA D/O. SARASWATHY, MIYANDACHIRAYIL HOUSE, WARD NO.XIII, PUNNAPRA PANCHAYATH, ALAPPUZHA. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS/RESPONDENTS --------------------------------------------- 1. E.P.RADHAKRISHNAN, S/O. KRISHNAN NAIR, MANGHAT HOUSE, NARIPARAMBU P.O., PONNANI. 2. ABDUL LATHEEF, S/O. KOYA MUTHALIYAR, VALYAVALAPPIL HOUSE, WARD NO.1, EZHAVANTHURUTHU PANCHAYATH, MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., THIRUR. BY ADV. SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.188 OF 2005 ===================== Dated this the 19th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)No.914 of 1999. A young lady aged 25 years sustained injuries in a road accident, whereby she had suffered lacerated wound on the forehead, abrasion on the upper lip, fracture of crown upper incisor, abrasion on the left hand, lacerated wound on the right knee and contusion on right foot dorsum. She was treated as inpatient in the Medical College Hospital, Alappuzha for about 5 days and thereafter she was treated in the V.B.Dental Clinic and in the Dental College at Thiruvananthapuram. The award itself would show that she had a type II dental fracture of one tooth, Grade II mobility of two teeth. She was a graduate in Chemistry and Home Science and working as a medical representative in TTK Pharma Co.Ltd., Chennai. The Tribunal granted a compensation of Rs.11,000/-. 2. Learned counsel for the appellant would contend that considering the nature of the injuries as well as the fact that the young lady was MACA 188/2005 -:2:- unmarried and it has affected her marriage prospects. The wound certificate itself would reveal that though not serious, she had sustained large number of injuries all over the body and the fact remains that her tooth has been fractured and there has been mobility of other teeth as well. The Tribunal has awarded only a global amount of Rs.11,000/-. Taking into consideration the nature of injuries, the factum of injuries sustained in the face and also on the teeth there can be a reasonable enhancement of Rs.4,000/- which will be sufficient in this case as just compensation. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-