IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 980 of 2007() ---------------------- OPMV.1723/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER --------------------------- MOHAMMED, S/O HYDER, AGED 51 YEARS, RESIDING AT KOOTHUPARAMBU HOUSE, P.O.KEEZHUPARAMBU, CHELEMBRA VIA, MALAPPURAM. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS ------------------------ 1. MOHAMMED, AGED NOT KNOWN, RESIDING AT POOKATTU HOUSE, P.O.ANGALI, MANNARKKADU, PALAGHAT. 2. AHAMMED KUTTY, AGED NOT KNOWN, S/O MOIDEEN KUTTY, RESIDING AT CHEKKITTAPURATH HOUSE, CHERUVADI P.O., VIA MAVOOR, KOZHIKODE. 3. THE UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. BY ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 980 OF 2007 --------------------- Dated this the 18th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1723/99. The claimant, aged 45 years, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.3,000/-. It is against that decision, the present appeal is preferred by the claimant. 2. Heard both sides. The main injury that is projected is the case of a broken tooth sustained in the accident. He was taken to the Medical College Hospital, Kozhikode. The Tribunal has stated that no document is produced to prove the loss of any teeth and that there was no other serious injury. But the Tribunal has specifically stated the case of a broken tooth. Considering the fact that sensitivity has developed on account of the broken tooth, certainly there would have been some difficulties caused to him for some days. Therefore, taking into consideration that aspect, I am inclined to enhance the compensation by Rs.2,000/-. MACA No. 980/07 2 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,000/- 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. 980/07 3