IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 1761 of 2009(A) ------------------------------------- [O.P(MV).NO.1329/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM] .................... APPELLANT/ PETITIONER: -------------------------------------- C.U.JOSE,AGED 44 YEARS, S/O. ULAHANNAN, CHERIYANPARAMBIL HOUSE, KUNDUKAD P.O., OORAKKAD (VIA) THEKKUMKARA VILLAGE, THRISSUR. BY ADV. MR.SHEJI P.ABRAHAM. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. T.B.SUBASH, S/O. T.BAJAN, THIRUTHIMMEL HOUSE, MAHALITHARA, THRISSUR (DRIVER) 2. P.M.SIVADAS,S/O. MADHAVAN, PANDARIKKAL HOUSE, ANJUR P.O. MUNDOOR, THRISSUR DISTRICT (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., SIMLA COMPLEX,KURUPAM ROAD, THRISSUR, POLICY NO.100606/31405/14578 VALID FORM 23/11/2005 TO 11/11/2006. R3 BY ADV. MR.P.SANKARANKUTTY NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1761 OF 2009 ............................................. Dated this the 5th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.1329/2006. The claimant- a 44 year old farmer by profession sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.26,150/=. It is against that decision, the claimant has come up for enhancement. 2. The learned counsel for the appellant/claimant had produced before me the discharge certificate issued by the Divine Medical Centre, Vadakkanchery. It would show that the claimant has lost two teeth; one on the upper portion and the other on the lower portion. He had also sustained alvcolar fracture and mobility of the teeth (3+3=6). Naturally on account of this serious injury, two corresponding external injuries are on the mouth and the lip. The Tribunal awarded only Rs.10,000/= towards compensation for the damages to the teeth. It granted Rs.2,000/= towards loss of amenities, Rs.3,000/= towards : 2 : M.A.C.A.NO.1761 OF 2009 loss of earnings and Rs.4,000/= towards pain and sufferings and other amounts which are actually incurred. 3. For the loss of two teeth at the rate of Rs.3,000/= Rs.6,000/= can be granted. For the inconvenience that is caused to him on account of the mobility and for the fracture of 6 teeth at the rate of Rs.1,500/=, Rs.9,000/= can be granted which means it would come to Rs.15,000/= out of which only Rs.10,000/= is seen granted. So, an additional amount of Rs.5,000/= is awarded on that head. When a large number of teeth are involved certainly he has to visit the hospital on a number of occasions it would have caused him considerable pain and therefore I increase pain and sufferings by Rs.3,000/= and certainly it would have prevented him from work about 10 to 12 weeks for which I award a further compensation of Rs.2,000/= towards of loss of income, thereby increasing the additional compensation by Rs.10,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 8% interest from the date of the petition till : 3 : M.A.C.A.NO.1761 OF 2009 realisation and the third 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.1761 OF 2009