IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 MACA.No. 1385 of 2010() ----------------------- ( OPMV.1212/2006 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/PETITIONER --------------------------------------- K.PRAKASHINI, W/O.MANOHARAN, AGED 38 YEARS KALLIL HOUSE, KARUVISSERY POST, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS ------------------------------------------- 1. P.I.SHAJAN, S/O.ITTOOP, AGED NOT KNOWN, POONADATH HOUSE, ERANHIPALAM POST, KOZHIKODE-673 001. 2. THE NATIONAL INSURANCE CO.LTD, DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE-673 001. R2 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1385 OF 2010 = = = = = = = = = = = = = = = Dated this the 31st day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1212/06. The claimant, a 38 year old lady, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.4,000/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. It is averred in the petition that the claimant has sustained fracture on four ribs, fracture on pubic ramus besides loss of tooth and other injuries but the wound certificate produced only reveal abrasions on the face, chest and on the forehead. At the time of hearing the learned M.A.C.A. 1385 OF 2010 -:2:- counsel for the appellant had shown me a document issued by the Dental Department of the Medical College Hospital, Kozhikode. After perusing the same I am convinced that on account of the impact of the accident there was a mobile teeth. Doctors have recorded that there was a fracture. So it is certain that the impact of the said injury has caused some inconvenience for the person. So taking into consideration that aspect some enhancement is called for but the other statements in the claim petition are not supported or substantiated by any evidence. Considering the age of the person and the nature of the injuries sustained on the head and face I am inclined to enhance the compensation by Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional M.A.C.A. 1385 OF 2010 -:3:- compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.