IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 MACA.No. 2151 of 2007(B) ------------------------------- AGAINST THE ORDER DATED 23/06/2007 IN OPMV. 1000 /2000 IN OPMV.585/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER ---------------------------------- M.K.GOPALAN, S/O.THEYYON, AGED 56 YEARS, MOYORKKUNNUMMAL HOUSE, KOOTHALI POST, PERAMBRA, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS ------------------------------------ 1. MOIDEEN HAJI, S/O.ABDULLA MUSALIYAR, KUNNOTH HOUSE, VALLYAPALLI POST, VADAKARA, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE 2, 2ND FLOOR, SEEMA TOWER, BANK ROAD JUNCTION, KOZHIKODE. 3. BIJU.P.S., S/O.O.BALAN, JISHALAYAM, KURUVATTOOR POST, KOZHIKODE. 4. THE ORIENTAL INSURANCE COMPANY LTD. DIVISIONAL OFFICE, SEEMA BUILDING, P.B.NO.18, G.H.ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2151 OF 2007 = = = = = = = = = = = = = = = Dated this the 9th day of December, 2009. J U D G M E N T All respondents served. No appearance. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 585/00. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.12,750/-. It is against that decision the claimant has come up in appeal. 3. Learned counsel for the appellant had made available before me the O.P. Ticket of the Medical College Hospital issued to the claimant immediately after the accident. The accident was on 24.2.2000. It is seen that the clinical symptoms represent pain and tenderness over the left scapular region with pain on the left knee and tooth. On radiological examination there was no fracture on the knee but there was an undisplaced fracture on the neck of the left M.A.C.A. 2151 OF 2007 -:2:- scapula. Thereafter he was reviewed on 25.2.00, 2.3.00 etc. The learned Tribunal held that there is nothing to show about the fracture on the scapula but it appears to be incorrect in the light of the endorsement we find in the O.P.ticket. Further it is only a corresponding radiological diagnosis and there is no reason to disbelieve the same. When it is taken into consideration the claimant is entitled to little more compensation than what is awarded. 4. Towards pain and sufferings I award a further sum of Rs.2,000/-. Now-a-days the age of 49 is not a very old age and people have strong teeth even at that age and so I enhance the amount for loss of teeth by Rs.2,000/-. Certainly on account of the fracture of the scapula coupled with the loss of teeth there would have been loss of amenities and enjoyment in life for which I enhance the compensation by Rs.2,000/-. Towards extra nutritious food, damage to clothing etc. I award a further some of Rs.700/- thus entitling the claimant an additional compensation of Rs.6,700/- M.A.C.A. 2151 OF 2007 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,700/- with 6% interest on the said sum from the date of petition till realisation and the 2nd respondent, United India 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. M.N. KRISHNAN, JUDGE. ul/-