IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 MACA.No. 836 of 2006() ---------------------- ( O.P.(MV)NO.776/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY) APPELLANT(S): APPELLANT/PETITIONER ----------------------------------- AMARNATH K.N., S/O. DIVAKARAN K., REPRESENTED BY FATHER DIVAKARAN K., S/O. NARAYANAN, AGED 50 YEARS, NADUKANDIYIL HOUSE, P.O.UMMANCHIRA. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): RESPONDENTS -------------------------- 1. M.T.ABDUL BASHEER, S/O. M.T.ABDUL RAHIMAN, KALLARKOTTAM VEEDU, P.O.CHENALLUR, KASARAGOD. 2. MUHAMMED HANEEFA, S/O. ANBARI, KUNNIL HOUSE, CHERKALA AMSOM, KASARAGOD P.O. 3. UNITED INDIA INSURANCE CO. LTD., KANNUR. ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.836 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2010 JUDGMENT Basheer, J. The appellant, who sustained injuries in a motor accident at the age of 11 years, has filed this appeal challenging the quantum of compensation awarded to him. The Tribunal after considering the documentary evidence available on record and keeping in view the nature of the injuries sustained by the appellant awarded a sum of Rs. 30,000/- as compensation with interest @ 9% per annum from the date of petition till date of realisation. 2. Smt.Sumathy Dandapani, learned senior counsel, who appears for the appellant, takes strong exception to the extremely meagre amount awarded by the Tribunal for the loss of four teeth of the appellant. She submits that the loss of four permanent teeth can never be compensated in any manner. The Tribunal ought to have kept in view the above aspect while fixing the amount payable under the said head. 3. It is true that Tribunal has awarded only Rs. 10,000/- for MACA.No.836/2006 2 the loss of four teeth. But the Tribunal has also awarded a sum of Rs. 5,000/- for future medial expenses and for fixing dentures. Thus a total sum of Rs. 15,000/- was awarded for the loss of four teeth. Having regard to the tender age of the appellant at the time of the accident and also the fact that he has lost four of his permanent teeth, we are of the view that an additional sum of Rs. 10,000/- can be awarded to him in this regard. 4. Similarly, for pain and suffering, appellant has been awarded only a sum of Rs. 8,000/-. In our view, an additional sum of Rs. 7,000/- will meet the ends of justice. 5. The Tribunal has not awarded any amount for loss of amenities. Having regard to the facts and circumstances of the case, we are satisfied that a sum of Rs. 7,500/- can be awarded under this head. 6. Thus a total sum of Rs.24,500/- is awarded as enhanced compensation to the appellant which shall also bear interest @ 9% from the date of petition till realisation. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.836/2006 3 MACA.No.836/2006 4