IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1429 of 2005() ----------------------- OPMV.392/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- SHAHINA, W/O. KABEER, THEKKILAKATTU HOUSE, PERUMPILLICHIRA KARA, KUMARAMANGALAM VILLAGE. BY ADV. SRI.P.NOOR SEMIR SRI.T.J.MICHAEL RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. ANIL U.P., S/O. PANKAJAKSHAN, VETTATHU HOUSE, PURAPPUZHA P.O., PARAPUZHA VILLAGE, THODUPUZHA TALUK. 2. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., MUVATTUPUZHA. BY ADV. SRI. P.M.M.NAJEEB KHAN – R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1429 OF 2005 --------------------- Dated this the 17th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 392/02. The claimant a house wife sustained injuries in a road accident and the Tribunal awarded Rs.15,000/- as compensation. It is against that decision, the present appeal is preferred. 2. Learned counsel for the appellant had made available before me the document for perusal. The wound certificate would reveal that she had a black eye with swelling abrasion on the right side of the face. The treatment records would reveal that there was a fracture of the teeth and that had been removed and partial denture was fixed twice. Therefore, taking into consideration these injuries, I refix the compensation awarded by the Tribunal. Towards medical expenses which is evidenced by bills, I allow Rs.7,000/-, towards loss of two teeth, I award Rs.6,000/-, pain and suffering and loss of amenities Rs.7,000/- for the reason that besides the fracture of the teeth and its removal she had also black eye which indicated that there was a concussion. Certainly, there would have been MACA NO.1429/05 2 somebody to assist the appellant not only in the hospital but also for the house hold works. I award Rs.1,000/- under that head. Therefore, the appellant will be entitled to an additional compensation of Rs.21,000/-. Out of this an amount of Rs.15,000/- is already paid. Therefore, the appellant will be entitled to an additional compensation of Rs.6,000/- . In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA NO.1429/05 3 MACA NO.1429/05 4