IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 MACA.No. 2267 of 2009() --------------------------------- OPMV.1893/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., THIRUVANANTHAPURAM NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE BY ADV. MR.P.JACOB MATHEW RESPONDENT(S): APPLICANT AND IST RESPONDENT ------------------------ 1. CHRISTUDAS, S/O.KUTTAPPAN, THEKKUMKARA PUTHEN VEEDU, VALIYA VENKADU, PONGODE, PARANDODE P.O., VIA ARYANAD, THIRUVANANTHAPURAM DISTRICT. 2. ANILKUMAR, S/O.GOMATHY, ANIL NIVAS, KILIYANNOOR PARANDODE P.O., VIA ARYANAD, THIRUVANANTHAPURAM DISTRICT. R1 BY ADVS.MR.NAGARAJ NARAYANAN , MR.NAIR AJAY KRISHNAN, MR.SAIJO HASSAN, MR.BENOJ C AUGUSTIN, MR.PRATHAP PILLAI . R2 BY ADV. MR.R.T.PRADEEP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2267 OF 2009 ............................................. Dated this the 27th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.1893/2003. A man, who had sustained some injuries over the chin and fracture of the two incisor teeth, had moved an application for compensation under Section 163 A of the Motor Vehicles Act. It is true that question of negligence pales in to insignificance. But when it is a claim made under that section in order to enable a person to get compensation either it must have resulted in death or permanent disablement and explanation to Section 163 A very clearly speaks that permanent disability shall have some meaning and extent as in the Workmen's Compensation Act, 1923. Section 2(l) of Workmen's Compensation Act deals with total disablement. Total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement. : 2 : M.A.C.A.No.2267 OF 2009 So, it is the type of disablement that is expected under the provisions of the Workmen's Compensation Act. Section 2(g) deals with partial disablement relates to affecting of the working capacity of the individual. Here is a case where the claimant has sustained fracture of two incisors. Even when there is loss of an incisor, this Court considering the question under Section 140 of the Motor Vehicles Act in the decision reported in United India Insurance Co. Ltd. v. Thomas (200 (1) KLT 516), it will not amount to permanent disability . Therefore fracture of a tooth will not in any way affect the working capacity of a person so as to attract compensation under Section 163 A. 2. The learned counsel very strongly contends before me that disability is there on account of the recurrence attack of headache and vertigo. The learned counsel in fairness had given a copy of the disability certificate and I am surprised to see that the doctor just on examination mentioned recurrent attack of headache and vertigo. No radiological examination is done. Nothing is there to establish this and not even a scrap of paper is produced to : 3 : M.A.C.A.No.2267 OF 2009 show the follow up treatment. The doctor is also examined in this case. Just because a disability certificate is produced the Tribunal shall not ipso facto jump to the conclusion regarding the correctness of the same especially when the injury sustained is only fracture of the two incisor and nothing else. Therefore I find that the award passed by the Tribunal under Sections 163 A is quite unwarranted and it requires interference. The appeal is allowed and the claim petition is dismissed. No costs. If any amount is deposited by the insurance company let it be reimbursed to the insurance company on appropriate application. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2267 OF 2009