IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 696 of 2007(B) ---------------------- OPMV.197/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(PETITIONER) -------------------------------------- JOBY CHACKO, S/O.CHACKO, AGED 18, PALLIKUNNEL HOUSE, KANIVAYAL, PAYYAMPILLY P.O., MANANTHAVADY. BY ADV. SRI.N.J.ANTONY RESPONDENTS (RESPONDENTS) ---------------------------------------------- 1. K.C.VARGHESE @ BABU, S/O.CHERIYAN, AGED 33 YEARS, KARUVELIL HOUSE, VAYATHUR, ULIKKAL, KANNUR DISTRICT. (DRIVER OF BUS NO.KL-13/H-3395, D.L.NO.NOT KNOWN). 2. PAUL THOMSON, AGE AND FATHERS NAME NOT KNOWN, PEDUPARAMBIL HOUSE, KOZHICHAL, KANNUR DISTRICT (OWNER OF BUS NO.KL-13/H-3395). 3. UNITED INDIA INSURANCE COMPANY LTD., KALPETTA. BY ADV. SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 696 OF 2007 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kalpetta, Wayanad, in OP(MV) 197/03. The claimant, aged 18 years, sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.9,630/-. Aggrieved by that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for both sides. Learned counsel would contend that the young man had lost the tooth 1,3 and 4 at the age of 18 and the Tribunal has only awarded him a minimal compensation of Rs.1,500/- towards loss of three teeth. 3. There is force in the said contention. When a young man at the age of 18 looses his three teeth certainly it would have caused him lot of difficulties, inconvenience, mental agony etc. Therefore, taking into consideration that aspect, atleast an amount of Rs.3,000/- per tooth has to be awarded. Then it would come to Rs.9,000/-. In this case Rs.1,500/- is already awarded. So the MACA No. 696/07 2 claimant is entitled to an additional compensation of Rs.7,500/-. On all other heads the Tribunal has awarded a just and reasonable compensation. Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,500/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 696/07 3