IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 1298 of 2004() ---------------------------------- OPMV.1294/1996 & 1310/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/ADDITIONAL APPLICANTS 2 TO 4 -------------------------------------------------------------------- 1. L. SREEDEVI, D/O.LAKSHMI KUTTY AMMA, VALLITHUNDIL, PALLIKKAL, NOORANADU P.O. 2. SUJA.S., D/O.LATE K.GANGADHARAN NAIR, (MINOR), OF DO. DO. 3. SUJATHA.S., D/O.LATE K.GANGADHARAN NAIR, (MINOR), REPRESENTED BY HER MOTHER SREEDEVI, VALLITHUNDIL, PALLIKKAL, NOORANADU P.O. BY ADV. MR.RASHEED C.NOORANAD MR.G.GOPAKUMAR (CHERTHALA) RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, CHIEF OFFICE, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. K.P. GOPALAN, S/O.PARAMESWARI, THANGIYIL VEEDU, NETTOOR, MARADU PANCHAYATH, ERNAKULAM. R1 BY ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1298 OF 2004 ............................................. Dated this the 15th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Attingal in O.P.(MV).No.1310/1996. The original claimant was a Librarian and he met with a road accident and the Tribunal awarded him a compensation of Rs.26,634/=. It is against that decision, the legal representatives of the claimants have come up in appeal for enhancement of the compensation. 2. Heard the learned counsel for both sides. It was during the pendency of the claim petition, the claimant died. There was a half hearted contention before the Tribunal that the death was on account of the injury sustained in the road accident. But, there was no such case or pleadings and the materials available also were not sufficient to connect the death of the claimant with the injury sustained in the accident. The injury sustained by the claimant was not so serious to cause the death. A perusal of the award passed by the Tribunal would reveal that the : 2 : M.A.C.A.NO.1298 OF 2004 original claimant had lost six teeth on the spot and then two teeth were extracted. It was deposed by PW1 that he was totally bed ridden on account of the injury sustained. He was admitted in the hospital on 4.4.1996 and he had laceration on the lower lip and sulcus of avulsion of four teeth. There was grade 3 mobility of 4 teeth and he had to continuously visit the Medical College Hospital, Dental Department. It was also found that there was a fracture of one of the tooth. So, it reveals that on account of the injury sustained in the accident his teeth were badly affected and the Tribunal was satisfied that 4 teeth had been removed and two teeth fractured which virtually meant that they have become useless. The claimants could have established the case in a better way by producing the salary certificate as well the leave certificate. But they did not do so for their own reasons. The Tribunal has awarded 4 months loss of earning at the rate of Rs. 1800/=, Rs.10,000/= for pain and sufferings, Rs.2,000/= for medicine and Rs.1,000/= each for transport and extra nourishment, Rs.250/- for damage of cloth. Besides this, the Tribunal assessed the disability at : 3 : M.A.C.A.NO.1298 OF 2004 4% and calculated the compensation. 3. I am afraid the method adopted by the Tribunal is incorrect. There is no disability certificate produced before the Tribunal. But it is proved that the original claimant at the age of 40 had lost 6 of his teeth and two were fractured and virtually become useless and certainly it would have affected him very badly. So, an additional compensation can be refixed by giving at the rate of Rs.3,500/= per tooth and by giving a consolidated sum of Rs.5,000/= for loss of amenities and enjoyment in life. When it is so, it will come to Rs.26,000/= out of which the Tribunal already granted Rs.5,184/= (rounded as Rs.5,200/=). So the balance entitlement will be Rs.20,800/=. So, I modify the award and dispose of the appeal as follows: 4. The appeal is partly allowed and the claimants are awarded an additional compensation of Rs.20,800/= with 7.5% interest from the date of the petition till the realisation and the claimants are entitled to the same and the KSRTC is directed to deposit the said sum within a period of 90 days : 4 : M.A.C.A.NO.1298 OF 2004 from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE cl