IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 433 of 2004(B) ----------------------------------- O.P(MV).NO.2419/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/PETITIONER: ------------------------------------- MARY JOHN, W/O. C.M. JOHN, CHEERANKOTTIL, MEVELLOOR, VAIKOM. BY ADV. SRI.MATHEW JOHN, ADV. SRI.SUJESH MENON V.B. RESPONDENTS: ----------------------- 1. SUNNY ABRAHAM, S/O. CHACKO ABRAHAM, THOTTICHIRAYIL, PRIYADARSINI, VAIKOM. 2. VIJAYAKUMAR, S/O. NARAYANAN, NIKARTHIL HOUSE, VAIKOM NADUVILE VILLAGE, VAIKOM. 3. NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. 4. HONEY MATHEW, W/O. MATHEW, KUNNATHU HOUSE, U.K. COLONY, B.M.C.P.O., KOCHI-21. 5. RAJU, S/O. SAMUEL, POWAMCHIRAYIL, KOTHANALLOOR KARA, DO. VILLAGE. 6. UNITED INDIA INSURANCE COMPANY LTD., TRIPUNITHURA. BY ADV. SRI.P.SANKARANKUTTY NAIR - R6, ADV. SRI.V.P.K.PANICKER - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.433 OF 2004 ===================== Dated this the 4th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.2419 of 1995. The injured in the accident sustained multiple facio maxillary injuries and she was treated as an inpatient for one day and thereafter she had continued treatment. Ext.A47 is the disability certificate issued by the Dentist showing the disability at 12%. A perusal of the award would show that the disability certificate has not been taken into consideration at all for the reason that the Doctor was not examined. But a perusal of the disability certificate would show that it exactly corresponds with the injuries sustained in the accident. To start with there was mobility of teeth. There was pain on the temporomandibular joint region and also difficulty to chew hard food. This injury has also according to the Doctor resulted in recurrent sinusitis and headache. Therefore the Tribunal should have taken into consideration these aspects which certainly will cause real inconvenience to the life of a person. Therefore I grant her an amount of Rs.5,000/- under MACA 433/2004 -:2:- the head loss of amenities and enjoyment in life. On account of this problem, she would not have been in a position to do the work for two months. Therefore I grant an amount of Rs.2,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.7,000/-. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company in the O.P. is directed to deposit 70% of the amount and the 6th respondent in the O.P. is directed to deposit 30% of the amount and the deposit shall be made within 60 days from the date of receipt of a copy of this judgment. The Tribunal may consider for total disbursement of the amount to the claimant. M.N.KRISHNAN, JUDGE Cdp/-