IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 1759 of 2009() ----------------------- OPMV.1067/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------ AJAYAN, AGED 24 YEARS, S/O.RAMANKUTTY,PADAYADI HOUSE, VALLACHIRA PO, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S): RESPONDENTS -------------------------- 1. PRAVEEN V.P, AGED 27 YEARS, S/O.PAUL , VELLISSERY DESOM, AVINISSERRY VILLAGE, THRISSUR. 2. UNITED INDIA INSURANCE CO.LTD, PARK AVENUE, ROUND NORTH, THRISSUR. BY SRI. A.R.GEORGE FOR R2. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1759 OF 2009 ............................................. Dated this the 11th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.1067/2006. The claimant, a 33 year old salesman in a jewelery, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.27,100/=. A perusal of the award would reveal that he had lost two teeth in the accident. There was fracture mobile of two teeth and dento alveolar fracture of another tooth. He was treated as an inpatient in a hospital for 4 days. 2. The Tribunal has awarded him Rs.4,000/= towards pain and sufferings, Rs.2,000/= towards loss of amenities and enjoyment in life and Rs.1,500/= towards loss of earnings, Rs.10,000/= towards loss of teeth and also Rs.7500/= towards actual medical expenses. A man at the age of 33 years had lost two teeth and two of his teeth had been badly affected, though not removed. 3. Therefore, I feel a total amount of Rs.8,000/= for loss : 2 : M.A.C.A.No.1759 OF 2009 of teeth and Rs.4,000/= for the fracture sustained to the teeth have to be granted, thereby an enhanced compensation of Rs.2,000/= under that head is awarded. When a person sustains injury in the mouth resulting in loss of teeth and fracture of the teeth, there will be corresponding external injury as well and it would have caused excruciating pain and therefore I award Rs.3,000/= more under the head pain and sufferings. When these type of injuries are there, it takes time to settle down and therefore, towards loss of earnings, I award Rs.1,500/= more. Certainly loss of teeth coupled with fracture and other injuries would have caused him loss of amenities and enjoyment in life for a considerable period, for which I enhance the compensation by Rs.2,000/= thereby entitling the claimant to have an additional compensation of Rs.8.500/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/= with 8% interest on the said sum from the date of the petition till realization and the respondent insurance : 3 : M.A.C.A.No.1759 OF 2009 company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1759 OF 2009